Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1532 Draft / Bill

Filed 02/19/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1532 3 
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By: Representative L. Johnson 5 
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For An Act To Be Entitled 8 
AN ACT TO CREATE THE ARKANSAS RARE DISEASE ADVISORY 9 
COUNCIL; AND FOR OTHER PURPOSES. 10 
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Subtitle 13 
TO CREATE THE ARKANSAS RARE DISEASE 14 
ADVISORY COUNCIL. 15 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 
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 SECTION 1.  Arkansas Code Title 20, Chapter 8, is amended to add an 19 
additional subchapter to read as follows: 20 
Subchapter 12 โ€” Arkansas Rare Disease Advisory Council 21 
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 20-8-1201.  Legislative findings. 23 
 The General Assembly finds that: 24 
 (1)  A rare disease, sometimes called an orphan disease, is 25 
defined as a disease that affects fewer than two hundred thousand (200,000) 26 
people in the United States; 27 
 (2)  There are more than ten thousand (10,000) known rare 28 
diseases affecting more than thirty million (30,000,000) Americans with more 29 
than half of this number being children; 30 
 (3)  Approximately ninety -five percent (95%) of rare diseases do 31 
not have a United States Food and Drug Administration approved treatment; 32 
 (4)  While the exact cause for many rare diseases remains 33 
unknown, many rare diseases are genetic in origin and can be linked to 34 
mutations in a single gene or in multiple genes that can be passed down from 35 
generation to generation; 36    	HB1532 
 
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 (5)  People with rare diseases face many obstacles, including 1 
delays in obtaining an accurate diagnosis, finding a healthcare provider with 2 
expertise in their condition, and a lack of affordable access to therapies 3 
and medication used to treat rare diseases that may result in significant 4 
physical, mental, and financial challenges; and 5 
 (6)  A state-based advisory council composed of qualified 6 
professionals and persons living with rare diseases and their caregivers 7 
could educate or advise medical professionals, government agencies, 8 
legislators, and the public about rare diseases as an important public health 9 
issue to encourage research or support the development of new and better 10 
policies to diagnose and treat rare diseases. 11 
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 20-8-1202.  Arkansas Rare Disease Advisory Council โ€” Creation โ€” 13 
Membership. 14 
 (a)  There is created the Arkansas Rare Disease Advisory Council within 15 
the Department of Health, to consist of the following eight (8) members: 16 
 (1)  A representative from an academic research institution in 17 
the state that receives grant funding for rare disease research; 18 
 (2)  A representative from the Department of Human Services who 19 
is knowledgeable about the Arkansas Medicaid Program; 20 
 (3)  A geneticist or genetic counselor, appointed by the 21 
Secretary of the Department of Health; 22 
 (4)  At least two (2) patients who have a rare disease, appointed 23 
by the secretary; 24 
 (5)  At least one (1) caregiver of a person with a rare disease, 25 
appointed by the secretary; 26 
 (6)  A person who is a member of the scientific community, a 27 
member of the biopharmaceutical industry, or a pharmacist who has experience 28 
with or is engaged in rare disease research, including without limitation a 29 
medical researcher with experience conducting research on rare diseases, 30 
appointed by the secretary; and 31 
 (7)  A mental health provider, registered nurse, advanced 32 
practice registered nurse, or physician with experience treating patients who 33 
have rare diseases in this state, appointed by the secretary. 34 
 (b)(1)  All members of the advisory council shall be full -time 35 
residents of this state. 36    	HB1532 
 
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 (2)  The membership of the council shall include a diverse set of 1 
stakeholders representative of the geographic and population diversity of the 2 
state. 3 
 (c)(1)  The secretary shall appoint the Chair of the Arkansas Rare 4 
Disease Advisory Council for an initial term of three (3) years. 5 
 (2)  The chair shall not hold a position within the state 6 
government. 7 
 (3)  At the end of the initial three (3) year term, and every two 8 
(2) years thereafter, the members of the council shall appoint, by a majority 9 
vote, a new chair. 10 
 (d)(1)  Members shall serve no longer than three (3) years. 11 
 (2)  However, during the initial five (5) years after the 12 
establishment of the council, members may serve up to four (4) years. 13 
 (e)  If a vacancy occurs, the secretary shall fill the vacancy in a 14 
timely manner and based on the requirements under subsection (a) of this 15 
section. 16 
 (f)(1)  The initial meeting of the council shall occur within the first 17 
ninety (90) days after the effective date of this section. 18 
 (2)  During the first year after the effective date of this 19 
section, the council shall meet no less than one (1) time per month for a 20 
time period determined by the chair either in person or via an online meeting 21 
platform. 22 
 (3)  After the first year after the effective date of this 23 
section, the council shall meet no less than one (1) time per quarter either 24 
in person or via an online meeting platform as determined by the chair. 25 
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 20-8-1203.  Powers and duties. 27 
 The Arkansas Rare Disease Advisory Council shall: 28 
 (1)  Provide guidance and recommendations to educate the public, 29 
the General Assembly, and other government agencies and departments on the 30 
needs of individuals with rare diseases living in this state; 31 
 (2)  Convene public hearings, make inquiries, and solicit 32 
comments from the general public in this state to assist the Arkansas Rare 33 
Disease Advisory Council with a first -year landscape or survey of the needs 34 
of rare disease patients, caregivers, and providers in the state; 35 
 (3)  Provide testimony and comments on pending legislation and 36    	HB1532 
 
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rules before the General Assembly, or the Legislative Council when not in a 1 
legislative session, and other state agencies that impact the rare disease 2 
community in this state; 3 
 (4)  Consult with experts on rare diseases to develop policy 4 
recommendations to improve patient access to, and the quality of, rare 5 
disease specialists, affordable and comprehensive healthcare coverage, 6 
relevant diagnostics, timely treatment, and other needed services; 7 
 (5)  Research and make recommendations to state agencies and 8 
insurers that provide services to persons with a rare disease on the impact 9 
of orphan drug pricing, prior authorization, cost -sharing, or other barriers 10 
to the provision of treatment and care for patients; 11 
 (6)  Establish best practices and protocols to include in state 12 
planning related to natural disasters, public health emergencies, or other 13 
emergency declarations to enable continuity of care for rare disease patients 14 
and ensure safeguards against discrimination for rare disease patients are in 15 
place; 16 
 (7)  Evaluate and make recommendations to improve the Arkansas 17 
Medicaid Program and state -regulated private health insurance coverage of 18 
drugs for rare disease patients to improve coverage of diagnostics and 19 
facilitate access to necessary healthcare providers with expertise in the 20 
treatment of rare diseases; 21 
 (8)  Publish a list of existing, publicly accessible resources on 22 
research, diagnosis, treatment, and education relating to the rare diseases 23 
on the website of the Department of Health; 24 
 (9)  Identify areas of unmet need for research and opportunities 25 
for collaboration across stakeholders and other state rare disease advisory 26 
councils that can inform future studies and work done by the Arkansas Rare 27 
Disease Advisory Council; 28 
 (10)  Identify and distribute educational resources for 29 
healthcare providers to foster recognition and optimize treatment of rare 30 
diseases in this state; 31 
 (11)  Research and identify best practices to reduce health 32 
disparities and achieve health equity in the research, diagnosis, and 33 
treatment of rare diseases in this state; and 34 
 (12)  Provide opportunities for the public to hear updates and 35 
provide input into the work of the Arkansas Rare Disease Advisory Council. 36    	HB1532 
 
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 1 
 20-8-1204.  Reports. 2 
 (a)(1)  The Arkansas Rare Disease Advisory Council shall submit a 3 
report to the Governor and the Legislative Council within one (1) year of 4 
enactment of the Arkansas Rare Disease Advisory Council and annually 5 
thereafter. 6 
 (2)  Before submission of the report under subdivision (a)(1) of 7 
this section, a draft of the report shall be made available for public 8 
comment and discussed at an open public meeting. 9 
 (b)  The report under subsection (a) of this section shall: 10 
 (1)  Describe the activities and progress of the Arkansas Rare 11 
Disease Advisory Council; 12 
 (2)  Provide an update on the status of funding of the Arkansas 13 
Rare Disease Advisory Council, including without limitation the grants that 14 
were sought out, accepted, or used, and the remaining balance of funds of the 15 
Arkansas Rare Disease Advisory Council; and 16 
 (3)  Provide recommendations to the Governor and the General 17 
Assembly on ways to address the needs of people living with rare diseases in 18 
this state. 19 
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 20-8-1205.  Funding. 21 
 (a)  The members of the Arkansas Rare Disease Advisory Council may 22 
solicit funds on behalf of the council. 23 
 (b)  The council shall: 24 
 (1)  Set up a method to securely hold and distribute funds to 25 
support the functioning of the council; and 26 
 (2)  Report funding sources in report required under ยง 20 -8-1203. 27 
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