Arkansas 2025 Regular Session

Arkansas Senate Bill SB311 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 772 of the Regular Session
3		-	JMB128 04-07-2025 15:05:47 JMB128
4		-
5		-	State of Arkansas As Engrossed: S4/7/25 1
	2	+	JMB128 02/26/2025 8:24:42 AM JMB128
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 SENATE BILL 311 3
8	6		4
9	7		By: Senator C. Penzo 5
10	8		By: Representative McAlindon 6
11	9		7
12	10		For An Act To Be Entitled 8
13	11		AN ACT TO CREATE THE END ORGAN AND GENOMIC 9
14	12		HARVESTING ACT; TO PROHIBIT COVERAGE OF CERTAIN HUMAN 10
15	13		ORGAN TRANSPLANT OR POST -TRANSPLANT CARE; TO PROHIBIT 11
16	14		CERTAIN GENETIC SEQUENCERS AND GENETIC ANALYSIS 12
17	15		TECHNOLOGIES; AND FOR OTHER PURPOSES. 13
18	16		14
19	17		15
20	18		Subtitle 16
21	19		TO CREATE THE END ORGAN AND GENOMIC 17
22	20		HARVESTING ACT; TO PROHIBIT COVERAGE OF 18
23	21		CERTAIN HUMAN ORGAN TRANSPLANT OR POST -19
24	22		TRANSPLANT CARE; AND TO PROHIBIT CERTAIN 20
25	23		GENETIC SEQUENCERS AND GENETIC ANALYSIS 21
26	24		TECHNOLOGIES. 22
27	25		23
28	26		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
29	27		25
30	28		SECTION 1. DO NOT CODIFY. Title. 26
31	29		This act shall be known and may be cited as the "End Organ and Genomic 27
32	30		Harvesting Act". 28
33	31		29
34	32		SECTION 2. Arkansas Code Title 20, Chapter 9, Subchapter 1, is amended 30
35	33		to add an additional section to read as follows: 31
36	34		20-9-106. Prohibition on certain genetic sequencers and genetic 32
37	35		analysis technologies — Definitions. 33
38	36		(a) As used in this section: 34
39		-	(1) "Foreign adversary" means the ~~same as the definition~~ of 35
40		-	~~prohibited foreign party under § 18 -11-802;~~ 36 ~~As Engrossed: S4/7/25~~ SB311
	37	+	(1) "Foreign adversary" means the People's Republic of China, 35
	38	+	the Russian Federation, the Islamic Republic of Iran, the Democratic People's 36 SB311
41	39
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	41	+	Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas 1
	42	+	Maduro, or the Syrian Arab Republic, including any agent of or any other 2
	43	+	entity under significant control of a foreign adversary or any other entity 3
	44	+	deemed a foreign adversary by the Governor in consultation with the Attorney 4
	45	+	General; 5
	46	+	(2) "Genetic sequencer" means a device or platform used to 6
	47	+	conduct genetic analysis, resequencing, isolation, or other genetic research; 7
	48	+	(3) "Human genome" means deoxyribonucleic acid (DNA) or 8
	49	+	ribonucleic acid (RNA) found in human cells; 9
	50	+	(4) "Medical facility" means a facility for the delivery of 10
	51	+	healthcare services that: 11
	52	+	(A) Either: 12
	53	+	(i) Receives state moneys, including interagency 13
	54	+	pass-through appropriations from the United States Government; or 14
	55	+	(ii) Is licensed, registered, or permitted in this 15
	56	+	state to provide healthcare services; and 16
	57	+	(B) Conducts research or testing on, with, or relating to 17
	58	+	genetic analysis or the human genome; 18
	59	+	(5) "Operational and research software" means computer programs 19
	60	+	used for the operation, control, analysis, or other necessary functions of 20
	61	+	genetic analysis or genetic sequencers; and 21
	62	+	(6) "Research facility" means a facility that: 22
	63	+	(A) Receives state moneys, including interagency pass -23
	64	+	through appropriations from the United States Government; and 24
	65	+	(B) Conducts research on, with, or relating to genetic 25
	66	+	analysis or the human genome. 26
	67	+	(b) A medical facility or research facility in this state shall not 27
	68	+	utilize genetic sequencers or operational and research software used for 28
	69	+	genetic analysis produced by a foreign adversary, a state -owned enterprise of 29
	70	+	a foreign adversary, a company domiciled within a foreign adversary, or a 30
	71	+	company-owned or company-controlled subsidiary of a company domiciled within 31
	72	+	a foreign adversary for the purpose of conducting genetic analysis. 32
	73	+	(c) All genetic sequencers and operational and research software used 33
	74	+	for genetic sequencers prohibited under this section that are not permanently 34
	75	+	disabled shall be removed and replaced with genetic sequencers and 35
	76	+	operational and research software that is not prohibited under this section. 36 SB311
43	77
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	79	+	(d) Subject to appropriation, a medical facility or research facility 1
	80	+	in this state may request a reimbursement up to the cost of replacement of 2
	81	+	the genetic sequencers and operational and research software prohibited under 3
	82	+	this section from the state if the request includes purchase orders and is 4
	83	+	submitted by October 1, 2025. 5
	84	+	(e)(1) A medical facility, research facility, or other company or 6
	85	+	entity shall store all genetic sequencing data in the geographic location of 7
	86	+	the United States. 8
	87	+	(2) Remote access to data storage, other than open data, from 9
	88	+	outside the United States, is prohibited unless approved in writing by the 10
	89	+	Department of Health. 11
	90	+	(3) If a medical facility, research facility, or other company 12
	91	+	or entity stores genetic sequencing data, including through contracts with a 13
	92	+	third-party data storage company, the medical facility, research facility, or 14
	93	+	other company or entity shall ensure the security of genetic sequencing data 15
	94	+	using reasonable encryption methods, restrictions on access, and other 16
	95	+	cybersecurity best practices. 17
	96	+	(f) On or before December 31 of each year, a medical facility or 18
	97	+	research facility shall certify in writing to the Attorney General and the 19
	98	+	Department of Health that the medical facility or research facility is 20
	99	+	complying with this section. 21
	100	+	(g)(1) A person or entity determined to be in violation of this 22
	101	+	section or found guilty of a violation of this section shall be subject to a 23
	102	+	fine of ten thousand dollars ($10,000) per violation. 24
	103	+	(2) Each unique instance of an individual’s genome having 25
	104	+	undergone genetic sequencing or analysis using prohibited genetic sequencers 26
	105	+	or prohibited operational and research software shall be considered a 27
	106	+	separate violation. 28
	107	+	(h)(1) Any person may notify the Attorney General of a violation or 29
	108	+	potential violation of this section. 30
	109	+	(2) If the person notifying the Attorney General is an employee 31
	110	+	of the entity accused of a violation, the person shall be afforded all 32
	111	+	protections of a whistleblower under the Arkansas Whistle -Blower Act, § 21-1-33
	112	+	601 et seq. 34
	113	+	(3) If the person notifying the Attorney General is a patient or 35
	114	+	research subject of an entity found guilty of a violation of this section and 36 SB311
44	115
45		-	(2) "Genetic sequencer" means a device or platform used to 1
46		-	conduct genetic analysis, resequencing, isolation, or other genetic research; 2
47		-	(3) "Human genome" means deoxyribonucleic acid (DNA) or 3
48		-	ribonucleic acid (RNA) found in human cells; 4
49		-	(4) "Medical facility" means a facility for the delivery of 5
50		-	healthcare services that: 6
51		-	(A) Either: 7
52		-	(i) Receives state moneys, including interagency 8
53		-	pass-through appropriations from the United States Government; or 9
54		-	(ii) Is licensed, registered, or permitted in this 10
55		-	state to provide healthcare services; and 11
56		-	(B) Conducts research or testing on, with, or relating to 12
57		-	genetic analysis or the human genome; 13
58		-	(5) "Operational and research software" means computer programs 14
59		-	used for the operation, control, analysis, or other necessary functions of 15
60		-	genetic analysis or genetic sequencers; and 16
61		-	(6) "Research facility" means a facility that: 17
62		-	(A) Receives state moneys, including interagency pass -18
63		-	through appropriations from the United States Government; and 19
64		-	(B) Conducts research on, with, or relating to genetic 20
65		-	analysis or the human genome. 21
66		-	(b) Beginning on October 1, 2025, a medical facility or research 22
67		-	facility in this state shall not put into service within this state any new 23
68		-	or additional genetic sequencers or operational and research software used 24
69		-	for genetic analysis produced by a foreign adversary, a state -owned 25
70		-	enterprise of a foreign adversary, a company domiciled within a foreign 26
71		-	adversary, or a company -owned or company-controlled subsidiary of a company 27
72		-	domiciled within a foreign adversary for the purpose of conducting genetic 28
73		-	analysis. 29
74		-	(c) A medical facility or research facility in this state shall report 30
75		-	in writing to the Secretary of the Department of Health on all instances of 31
76		-	ongoing usage of genetic sequencers and operational and research software 32
77		-	used for genetic sequencers produced by a foreign adversary, a state -owned 33
78		-	enterprise of a foreign adversary, a company domiciled within a foreign 34
79		-	adversary, or a company -owned or company-controlled subsidiary of a company 35
80		-	domiciled within a foreign adversary on January 1 of each year until the 36 As Engrossed: S4/7/25 SB311
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	117	+	the person’s genetic information was used in the violation, the person shall 1
	118	+	be entitled to recover statutory damages of not less than ten thousand 2
	119	+	dollars ($10,000) for each unique use of his or her genomic information in 3
	120	+	violation of this section. 4
	121	+	(4) The Attorney General shall investigate allegations of 5
	122	+	violations of this section. 6
	123	+	7
	124	+	SECTION 3. Arkansas Code Title 23, Chapter 79, Subchapter 1, is 8
	125	+	amended to add an additional section to read as follows: 9
	126	+	23-79-169. Insurance coverage of certain human organ transplant or 10
	127	+	post-transplant care prohibited — Definitions. 11
	128	+	(a) As used in this section: 12
	129	+	(1) "Forced organ harvesting" means the removal of one (1) or 13
	130	+	more organs from a living person, or from a person killed for the purpose of 14
	131	+	removal of one (1) or more organs, by means of coercion, abduction, 15
	132	+	deception, fraud, or abuse of power over a position of vulnerability; 16
	133	+	(2)(A) "Health benefit plan" means: 17
	134	+	(i) An individual, blanket, or group plan, policy, 18
	135	+	or contract for healthcare services issued, renewed, or extended in this 19
	136	+	state by a healthcare insurer, health maintenance organization, hospital 20
	137	+	medical service corporation, or self -insured governmental or church plan in 21
	138	+	this state; and 22
	139	+	(ii) Any health benefit program receiving state or 23
	140	+	federal appropriations from the State of Arkansas, including the Arkansas 24
	141	+	Medicaid Program and the Arkansas Health and Opportunity for Me Program 25
	142	+	established by the Arkansas Health and Opportunity for Me Act of 2021, § 23 -26
	143	+	61-1001 et seq. 27
	144	+	(B) "Health benefit plan" includes without limitation 28
	145	+	indemnity and managed care plans. 29
	146	+	(C) "Health benefit plan" does not include: 30
	147	+	(i) A plan that provides only dental benefits or eye 31
	148	+	and vision care benefits; 32
	149	+	(ii) A disability income plan; 33
	150	+	(iii) A credit insurance plan; 34
	151	+	(iv) Insurance coverage issued as a supplement to 35
	152	+	liability insurance; 36 SB311
81	153
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	155	+	(v) Medical payments under an automobile or 1
	156	+	homeowners insurance plan; 2
	157	+	(vi) A health benefit plan provided under Arkansas 3
	158	+	Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 4
	159	+	seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 5
	160	+	(vii) A plan that provides only indemnity for 6
	161	+	hospital confinement; 7
	162	+	(viii) An accident-only plan; 8
	163	+	(ix) A specified disease plan; or 9
	164	+	(x) Plans providing health benefits to state and 10
	165	+	public school employees under § 21 -5-401 et seq.; and 11
	166	+	(3)(A) "Healthcare insurer" means any insurance company, 12
	167	+	hospital and medical service corporation, or health maintenance organization 13
	168	+	that issues or delivers health benefit plans in this state and is subject to 14
	169	+	any of the following laws: 15
	170	+	(i) The insurance laws of this state; 16
	171	+	(ii) Section 23-75-101 et seq., pertaining to 17
	172	+	hospital and medical service corporations; or 18
	173	+	(iii) Section 23-76-101 et seq., pertaining to 19
	174	+	health maintenance organizations. 20
	175	+	(B) "Healthcare insurer" does not include an entity that 21
	176	+	provides only dental benefits or eye and vision care benefits. 22
	177	+	(b) A health benefit plan that is offered, issued, or renewed in this 23
	178	+	state shall not provide coverage for a human organ transplant or post -24
	179	+	transplant care if: 25
	180	+	(1) The transplant operation is performed in the People's 26
	181	+	Republic of China or another country known to have participated in forced 27
	182	+	organ harvesting, as designated by rule by the Insurance Commissioner; or 28
	183	+	(2) The human organ to be transplanted is procured by sale or 29
	184	+	donation originating in the People's Republic of China or another country 30
	185	+	known to have participated in forced organ harvesting, as designated by rule 31
	186	+	by the commissioner. 32
	187	+	(c)(1) The commissioner may designate by rule any additional country 33
	188	+	as having participated in forced organ harvesting if the government of that 34
	189	+	country funds, sponsors, or otherwise facilitates forced organ harvesting. 35
	190	+	(2) If under subdivision (c)(1) of this section the commissioner 36 SB311
83	191
84		-
85		-	equipment is no longer in use. 1
86		-	(d)(1) A medical facility, research facility, or other company or 2
87		-	entity shall store all genetic sequencing data outside of foreign adversary 3
88		-	countries. 4
89		-	(2) Remote access to data storage, other than open data, from 5
90		-	foreign adversary countries is prohibited. 6
91		-	(3) If a medical facility, research facility, or other company 7
92		-	or entity stores genetic sequencing data, including through contracts with a 8
93		-	third-party data storage company, the medical facility, research facility, or 9
94		-	other company or entity shall ensure the security of genetic sequencing data 10
95		-	using reasonable encryption methods, restrictions on access, and other 11
96		-	cybersecurity best practices. 12
97		-	(e) On or before December 31 of each year, a medical facility or 13
98		-	research facility shall certify in writing to the Attorney General and the 14
99		-	Department of Health that the medical facility or research facility is 15
100		-	complying with this section. 16
101		-	(f)(1) A person or entity determined to be in violation of this 17
102		-	section or found guilty of a violation of this section shall be subject to a 18
103		-	fine of ten thousand dollars ($10,000) per violation. 19
104		-	(2) Each unique instance of an individual’s genome having 20
105		-	undergone genetic sequencing or analysis using prohibited genetic sequencers 21
106		-	or prohibited operational and research software shall be considered a 22
107		-	separate violation. 23
108		-	(g)(1) Any person may notify the Attorney General of a violation or 24
109		-	potential violation of this section. 25
110		-	(2) If the person notifying the Attorney General is an employee 26
111		-	of the entity accused of a violation, the person shall be afforded all 27
112		-	protections of a whistleblower under the Arkansas Whistle -Blower Act, § 21-1-28
113		-	601 et seq. 29
114		-	(3) If the person notifying the Attorney General is a patient or 30
115		-	research subject of an entity found guilty of a violation of this section and 31
116		-	the person's genetic information was used in violation of this section, the 32
117		-	entity shall also be found to have violated the Deceptive Trade Practices 33
118		-	Act, § 4-88-101 et seq. 34
119		-	(4) The Attorney General may investigate allegations of 35
120		-	violations of this section. 36 As Engrossed: S4/7/25 SB311
121		-
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123		-
124		-
125		-	1
126		-	SECTION 3. Arkansas Code Title 23, Chapter 79, Subchapter 1, is 2
127		-	amended to add an additional section to read as follows: 3
128		-	23-79-169. Insurance coverage of certain human organ transplant or 4
129		-	post-transplant care prohibited — Definitions. 5
130		-	(a) As used in this section: 6
131		-	(1) "Forced organ harvesting" means the removal of one (1) or 7
132		-	more organs from a living person, or from a person killed for the purpose of 8
133		-	removal of one (1) or more organs, by means of coercion, abduction, 9
134		-	deception, fraud, or abuse of power over a position of vulnerability; 10
135		-	(2)(A) "Health benefit plan" means: 11
136		-	(i) An individual, blanket, or group plan, policy, 12
137		-	or contract for healthcare services issued, renewed, or extended in this 13
138		-	state by a healthcare insurer, health maintenance organization, hospital 14
139		-	medical service corporation, or self -insured governmental or church plan in 15
140		-	this state; and 16
141		-	(ii) Any health benefit program receiving state or 17
142		-	federal appropriations from the State of Arkansas, including the Arkansas 18
143		-	Medicaid Program and the Arkansas Health and Opportunity for Me Program 19
144		-	established by the Arkansas Health and Opportunity for Me Act of 2021, § 23 -20
145		-	61-1001 et seq. 21
146		-	(B) "Health benefit plan" includes without limitation 22
147		-	indemnity and managed care plans. 23
148		-	(C) "Health benefit plan" does not include: 24
149		-	(i) A plan that provides only dental benefits or eye 25
150		-	and vision care benefits; 26
151		-	(ii) A disability income plan; 27
152		-	(iii) A credit insurance plan; 28
153		-	(iv) Insurance coverage issued as a supplement to 29
154		-	liability insurance; 30
155		-	(v) Medical payments under an automobile or 31
156		-	homeowners insurance plan; 32
157		-	(vi) A health benefit plan provided under Arkansas 33
158		-	Constitution, Article 5, § 32, the Workers' Compensation Law, § 11 -9-101 et 34
159		-	seq., or the Public Employee Workers' Compensation Act, § 21 -5-601 et seq.; 35
160		-	(vii) A plan that provides only indemnity for 36 As Engrossed: S4/7/25 SB311
161		-
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163		-
164		-
165		-	hospital confinement; 1
166		-	(viii) An accident-only plan; 2
167		-	(ix) A specified disease plan; or 3
168		-	(x) Plans providing health benefits to state and 4
169		-	public school employees under § 21 -5-401 et seq.; and 5
170		-	(3)(A) "Healthcare insurer" means any insurance company, 6
171		-	hospital and medical service corporation, or health maintenance organization 7
172		-	that issues or delivers health benefit plans in this state and is subject to 8
173		-	any of the following laws: 9
174		-	(i) The insurance laws of this state; 10
175		-	(ii) Section 23-75-101 et seq., pertaining to 11
176		-	hospital and medical service corporations; or 12
177		-	(iii) Section 23-76-101 et seq., pertaining to 13
178		-	health maintenance organizations. 14
179		-	(B) "Healthcare insurer" does not include an entity that 15
180		-	provides only dental benefits or eye and vision care benefits. 16
181		-	(b) Regardless of a claim filed by a medical facility or provider, a 17
182		-	health benefit plan that is offered, issued, or renewed in this state shall 18
183		-	not provide coverage for a human organ transplant or post -transplant care if: 19
184		-	(1) The transplant operation is performed in the People's 20
185		-	Republic of China or another country known to have participated in forced 21
186		-	organ harvesting, as designated by rule by the Insurance Commissioner; or 22
187		-	(2) The human organ to be transplanted is procured by sale or 23
188		-	donation originating in the People's Republic of China or another country 24
189		-	known to have participated in forced organ harvesting, as designated by rule 25
190		-	by the commissioner. 26
191		-	(c)(1) The commissioner may designate by rule any additional country 27
192		-	as having participated in forced organ harvesting if the government of that 28
193		-	country funds, sponsors, or otherwise facilitates forced organ harvesting. 29
194		-	(2) If under subdivision (c)(1) of this section the commissioner 30
195		-	designates an additional country as having participated in forced organ 31
196		-	harvesting, the commissioner shall provide written notice to healthcare 32
197		-	insurers. 33
198		-	(d) A healthcare insurer may seek reimbursement or setoff from a 34
199		-	medical facility or provider if a claim is submitted and paid in violation of 35
200		-	this section. 36 As Engrossed: S4/7/25 SB311
201		-
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203		-
204		-
205		-	(e) Notwithstanding any other provision of this section, care that is 1
206		-	provided to save the life of an individual after the individual receives a 2
207		-	prohibited organ transplant shall be covered. 3
208		-	(f) The commissioner shall develop and promulgate rules for the 4
	192	+	6 02/26/2025 8:24:42 AM JMB128
	193	+	designates an additional country as having participated in forced organ 1
	194	+	harvesting, the commissioner shall provide written notice to healthcare 2
	195	+	insurers. 3
	196	+	(d) The commissioner shall develop and promulgate rules for the 4
209	197		implementation and administration of this section. 5
210	198		6
211	199		SECTION 4. DO NOT CODIFY. SEVERABILITY CLAUSE. If any provision of 7
212	200		this act or the application of this act to any person or circumstance is held 8
213	201		invalid, the invalidity shall not affect other provisions or applications of 9
214	202		this act which can be given effect without the invalid provision or 10
215	203		application, and to this end, the provisions of this act are declared 11
216	204		severable. 12
217	205		13
218		-	~~/s/C. Penzo~~ 14
	206	+	14
219	207		15
220	208		16
221		-	~~APPROVED: 4/17/25~~ 17
	209	+	17
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