Stricken language would be deleted from and underlined language would be added to present law. Act 567 of the Regular Session *JMB227* 02/27/2025 2:19:49 PM JMB227 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 348 3 4 By: Senator C. Penzo 5 By: Representative Pilkington 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE ANNUAL CAP FOR DIAGNOSTIC 9 LABORATORY SERVICES WITHIN THE ARKANSAS MEDICAID 10 PROGRAM; TO DECLARE AN EMERGENCY; AND FOR OTHER 11 PURPOSES. 12 13 14 Subtitle 15 TO AMEND THE ANNUAL CAP FOR DIAGNOSTIC 16 LABORATORY SERVICES WITHIN THE ARKANSAS 17 MEDICAID PROGRAM; AND TO DECLARE AN 18 EMERGENCY. 19 20 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 22 SECTION 1. Arkansas Code § 20 -77-147(b), concerning reimbursement for 23 diagnostic laboratory services is amended to read as follows: 24 (b) The program shall set the annual cap for: 25 (1) Diagnostic laboratory services, not including radiology 26 services, of at least : 27 (A) Five five hundred dollars ($500) ; or 28 (B) One thousand eight hundred dollars ($1,800) if the 29 beneficiary is diagnosed with chronic pain or is being treated for pain 30 management; and 31 (2) Radiology services of at least five hundred dollars ($500). 32 33 SECTION 2. DO NOT CODIFY. Initial rules. 34 (a) The Department of Human Services shall promulgate rules necessary 35 to implement this act. 36 SB348 2 02/27/2025 2:19:49 PM JMB227 (b) When adopting the initial rules to implement this act, the final 1 rules shall be filed with the Secretary of State for adoption under § 25 -15-2 204(f): 3 (1) On or before January 1, 2026; or 4 (2) If approval under § 10 -3-309 has not occurred by January 1, 5 2026, as soon as practicable after approval under § 10 -3-309. 6 (c) The department shall file the proposed rules with the Legislative 7 Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 8 that the Legislative Council may consider the rules for approval before 9 January 1, 2026. 10 11 SECTION 3. EMERGENCY CLAUSE. It is found and determined by the 12 General Assembly of the State of Arkansas that there is an urgent need to 13 improve efficiency in diagnostic laboratory services within the Arkansas 14 Medicaid Program; that beneficiaries of the Arkansas Medicaid Program are 15 currently not being monitored adequately due to the low annual reimbursement 16 cap on diagnostic laboratory services; that inadequate monitoring due to the 17 low annual reimbursement cap on diagnostic laboratory services contributes to 18 the opioid epidemic through misuse and diversion of medications; that 19 inadequate monitoring due to the low annual reimbursement cap on diagnostic 20 laboratory services also contributes to increased emergency room visits; that 21 the Department of Human Services needs adequate time to draft rules, federal 22 waivers, Medicaid state plan amendments, or other authorization to ensure 23 that this act can be effective; and that this act is necessary to ensure the 24 health and safety of beneficiaries of the Arkansas Medicaid Program and to 25 enhance the patient care for beneficiaries of the Arkansas Medicaid Program. 26 Therefore, an emergency is declared to exist, and this act being necessary 27 for the preservation of the public peace, health, and safety shall become 28 effective on July 1, 2025. 29 30 31 APPROVED: 4/14/25 32 33 34 35 36