Stricken language would be deleted from and underlined language would be added to present law.
Act 136 of the Regular Session
*ANS192* 02/01/2023 02:47:31 PM ANS192
State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 192 3
4
By: Senator J. Boyd 5
By: Representative Achor 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING COVER AGE OF 9
BIOSIMILAR MEDICAL P RODUCTS UNDER STEP T HERAPY 10
PROTOCOLS; TO AMEND EXCEPTIONS TO STEP T HERAPY 11
PROTOCOLS; AND FOR O THER PURPOSES. 12
13
14
Subtitle 15
TO AMEND THE LAW CONCERNING COVERAGE OF 16
BIOSIMLAR MEDICAL PRODUCTS UNDER STEP 17
THERAPY PROTOCOLS; AND TO AMEND 18
EXCEPTIONS TO STEP THERAPY PROTOCOLS. 19
20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. DO NOT CODIFY. Legislative findings and intent. 24
(a) The General Assembly finds that: 25
(1) Increasing access to biosimilar medical products has the 26
potential to significantly reduce prescription drug costs; and 27
(2) Biosimilar medical products are approved according to the 28
same standards used by the United States Fo od and Drug Administration for 29
reference medications for pharmaceutical quality, safety, and efficacy. 30
(b) It is the intent of this act to: 31
(1) Eliminate barriers impeding access to biosimilar medical 32
products; and 33
(2) Promote the savings biosimila r medical products can provide 34
to consumers in this state. 35
36 SB192
2 02/01/2023 02:47:31 PM ANS192
SECTION 2. Arkansas Code § 23 -79-2104(h), concerning the application 1
of exceptions of step therapy protocols, is amended to read as follows: 2
(h) This section shall not be construed to prevent: 3
(1) A healthcare insurer, a health benefit plan, or a 4
utilization review organization from requiring: 5
(A) A patient to try a generic equivalent , or 6
interchangeable biological product , or biosimilar medical product unless such 7
a requirement meets subsection (b) of this section pursuant to a step therapy 8
protocol exception request submitted under subsection (b) of this section; or 9
(B) A pharmacist to effect substitutions of prescription 10
drugs consistent with § 17 -92-503; or 11
(2) A healthcare provider from prescribing a prescription drug 12
that is determined to be medically necessary. 13
14
15
APPROVED: 2/24/23 16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36