Stricken language would be deleted from and underlined language would be added to present law.
*JMB182* 1/26/2023 9:13:35 AM JMB182
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 139 3
4
By: Senator J. Bryant 5
6
For An Act To Be Entitled 7
AN ACT TO REQUIRE THAT THE ARK ANSAS MEDICAID PROGR AM 8
COVER AUTHORIZED PRE SCRIPTION DIGITAL TH ERAPEUTICS; 9
AND FOR OTHER PURPOS ES. 10
11
12
Subtitle 13
TO REQUIRE THAT THE ARKANSAS MEDICAID 14
PROGRAM COVER AUTHORIZED PRESCRIPTION 15
DIGITAL THERAPEUTICS. 16
17
18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19
20
SECTION 1. Arkansas Code Title 20, Chapter 77, Subchapter 1, is 21
amended to add an additional section to read as follows: 22
20-77-148. Legislative findings — Authorized prescription digital 23
therapeutic coverage. 24
(a) The General Assembly finds that: 25
(1) Combating the opioid epidemic in this state by expanding 26
access to innovative evidence -based treatments for individuals with substance 27
and opioid use disorder is critical; 28
(2) Citizens of this state can b enefit from receiving the latest 29
and most effective treatments for substance and opioid use disorder; 30
(3) Some citizens in this state have difficulty accessing 31
treatment for substance and opioid use disorder due to many limiting factors; 32
(4) Offering citizens prescription digital therapeutics 33
authorized by the United States Food and Drug Administration for the 34
treatment of substance and opioid use disorder would save lives and be cost 35
neutral to the state; and 36 SB139
2 1/26/2023 9:13:35 AM JMB182
(5) Other states have implemented the use of authorized 1
prescription digital therapeutics which has benefited the needs of impacted 2
people with a cost neutral alternative to traditional treatment. 3
(b) As used in this section, "authorized prescription digital 4
therapeutic" means a product, dev ice, internet application, or other 5
technology which: 6
(1) Is intended to prevent, manage, or treat a medical disease, 7
condition, or disorder; 8
(2) Is approved, cleared, or classified by the United States 9
Food and Drug Administration under section 510( k), 513(f), or 515 of the 10
Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., for such 11
intended use; 12
(3) Utilizes both cognitive behavioral therapy and contingency 13
management to treat substance use disorder and opioid use disorder; and 14
(4) Requires a prescription under 21 C.F.R. § 801.109, as 15
existing on January 1, 2023, or any successor regulation. 16
(c) The Arkansas Medicaid Program shall provide coverage for 17
authorized prescription digital therapeutics for the treatment of an 18
individual if that individual is eligible by a licensed provider in the state 19
to receive treatment of authorized prescription digital therapeutics. 20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36