Stricken language would be deleted from and underlined language would be added to present law.
Act 577 of the Regular Session
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State of Arkansas As Engrossed: H3/16/23 H3/30/23 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1276 3
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By: Representative L. Johnson 5
By: Senator J. Boyd 6
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For An Act To Be Entitled 8
AN ACT TO EXCLUDE AN TIPSYCHOTIC PRESCRIP TION DRUGS 9
FROM STEP THERAPY; A ND FOR OTHER PURPOSE S. 10
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Subtitle 13
TO EXCLUDE ANTIPSYCHOTIC PRESCRIPTION 14
DRUGS FROM STEP THERAPY. 15
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 18
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SECTION 1. Arkansas Code § 23 -99-1114 is amended to read as follows: 20
23-99-1114. Limitation on step therapy — Definition Definitions. 21
(a) An insurance policy that provides coverage for the treatment of 22
metastatic cancer shall not limit or exclude coverage under the health 23
benefit plan for a drug approved by the United States Food and Drug 24
Administration that is on the prescription drug formulary of the insurance 25
policy by mandating that a covered person with metastatic cancer undergo step 26
therapy if the insurance policy provides coverage for the treatment of: 27
(1) Psychosis and serious mental illness through 28
antipsychotic prescription drugs; and 29
(2) Metastatic cancer unless the preferred drug is 30
consistent with best practices that: 31
(1)(A) Are used for the treatment of metastatic cancer or 32
associated conditions under: 33
(A)(i) The United States Food and Drug 34
Administration-approved indication; or 35
(B)(ii) The National Comprehensive Cancer Network 36 As Engrossed: H3/16/23 H3/30/23 HB1276
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Drugs and Biologics Compendium indication; or 1
(2)(B) Use evidence-based, peer-reviewed, recognized 2
medical literature. 3
(b) As used in subsection (a) of this section,: 4
(1) “metastatic "Metastatic cancer” means cancer that has spread 5
from a primary or original site of the cancer to surrounding or nearby 6
tissues, lymph nodes, or other parts of the body ; 7
(2)(A) "Psychosis" means a condition that affects the mind and 8
affects the way the brain processes info rmation. 9
(B) "Psychosis" includes delusions and hallucinations; and 10
(3) "Serious mental illness" means a mental, behavioral, or 11
emotional disorder resulting in serious functional impairment, that 12
substantially interferes with or limits one (1) or mo re major life 13
activities. 14
(c) For psychosis and serious mental illness, if there is a generic 15
drug equivalent approved by the United States Food and Drug Administration 16
under the same chemical or generic name of a name brand drug that is 17
available, it is not considered step therapy to allow access to and coverage 18
for both the generic drug and the name brand drug. 19
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/s/L. Johnson 21
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APPROVED: 4/11/23 24
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