Stricken language would be deleted from and underlined language would be added to present law. *JMB357* 02/19/2025 10:15:04 AM JMB357 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1532 3 4 By: Representative L. Johnson 5 6 7 For An Act To Be Entitled 8 AN ACT TO CREATE THE ARKANSAS RARE DISEASE ADVISORY 9 COUNCIL; AND FOR OTHER PURPOSES. 10 11 12 Subtitle 13 TO CREATE THE ARKANSAS RARE DISEASE 14 ADVISORY COUNCIL. 15 16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17 18 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 22 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 2 02/19/2025 10:15:04 AM JMB357 (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 12 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 3 02/19/2025 10:15:04 AM JMB357 (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 26 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 4 02/19/2025 10:15:04 AM JMB357 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 5 02/19/2025 10:15:04 AM JMB357 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 20 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 28 29 30 31 32 33 34 35 36