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Arkansas General Assembly· HB 1079Notification that HB1079 is now Act 860

An act TO MANDATE COVERAGE FOR GENETIC TESTING FOR AN 10 INHERITED GENE MUTATION FOR CERTAIN INDIVIDUALS, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas       As Engrossed: H1/30/25 H3/17/25 S4/2/25

2 95th General Assembly          A Bill

3 Regular Session, 2025                                             HOUSE BILL 1079

4

5 By: Representatives F. Allen, Wooten, K. Ferguson, J. Richardson

6 By: Senator D. Wallace

7

8                         For An Act To Be Entitled

9   AN ACT TO MANDATE COVERAGE FOR GENETIC TESTING FOR AN

10  INHERITED GENE MUTATION FOR CERTAIN INDIVIDUALS; TO

11  MANDATE COVERAGE FOR EVIDENCE-BASED CANCER IMAGING

12  FOR CERTAIN INDIVIDUALS; AND FOR OTHER PURPOSES.

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14

15                               Subtitle

16                       TO MANDATE COVERAGE FOR GENETIC TESTING

17                       FOR AN INHERITED GENE MUTATION FOR

18                       CERTAIN INDIVIDUALS; AND TO MANDATE

19                       COVERAGE FOR EVIDENCE-BASED CANCER

20                       IMAGING FOR CERTAIN INDIVIDUALS.

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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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24  SECTION 1. Arkansas Code Title 23, Chapter 79, is amended to add an

25 additional subchapter to read as follows:

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27 Subchapter 29 -- Coverage for Genetic Testing for Inherited Gene Mutation and

28                        Evidence-based Cancer Imaging

29

30  23-79-2901. Definitions.

31  As used in this subchapter:

32  (1)(A) "Clinical utility" means a test result that provides

33 information that is used in the formulation of a treatment or monitoring

34 strategy that informs a patient's outcome and impacts the clinical decision.

35                        (B) "Clinical utility" includes the most appropriate test

36 that may include both information that is actionable and some information

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    As Engrossed: H1/30/25 H3/17/25 S4/2/25                              HB1079

1 that cannot be immediately used in the formulation of a clinical decision;

2          (2) "Evidence-based cancer imaging" means appropriate preventive

3 screening and imaging supported by evidence;

4          (3) "Genetic testing for an inherited gene mutation" means

5 testing for an inherited gene mutation associated with an increased risk of

6 cancer;

7          (4)(A) "Health benefit plan" means an individual, blanket, or

8 group plan, policy, or contract for healthcare services issued, renewed, or

9 extended in this state by a healthcare insurer, health maintenance

10 organization, hospital medical service corporation, or self-insured

11 governmental or church plan in this state.

12         (B) "Health benefit plan" includes:

13                        (i) Indemnity and managed care plans; and

14                        (ii) Nonfederal governmental plans as defined in 29

15 U.S.C. � 1002(32), as it existed on January 1, 2025.

16         (C) "Health benefit plan" does not include:

17                        (i) A plan that provides only dental benefits or eye

18 and vision care benefits;

19                        (ii) A disability income plan;

20                        (iii) A credit insurance plan;

21                        (iv) Insurance coverage issued as a supplement to

22 liability insurance;

23                        (v) Medical payments under an automobile or

24 homeowners insurance plan;

25                        (vi) A health benefit plan provided under Arkansas

26 Constitution, Article 5, � 32, the Workers' Compensation Law, � 11-9-101 et

27 seq., or the Public Employee Workers' Compensation Act, � 21-5-601 et seq.;

28                        (vii) A plan that provides only indemnity for

29 hospital confinement;

30                        (viii) An accident-only plan;

31                        (ix) A specified disease plan; or

32                        (x) A long-term-care-only plan;

33         (5)(A) "Healthcare insurer" means any insurance company,

34 hospital and medical service corporation, or health maintenance organization

35 that issues or delivers health benefit plans in this state and is subject to

36 any of the following laws:

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    As Engrossed: H1/30/25 H3/17/25 S4/2/25                                 HB1079

1                           (i) The insurance laws of this state;

2                           (ii) Section 23-75-101 et seq., pertaining to

3 hospital and medical service corporations; or

4                           (iii) Section 23-76-101 et seq., pertaining to

5 health maintenance organizations.

6                  (B) "Healthcare insurer" does not include an entity that

7 provides only dental benefits or eye and vision care benefits;

8               (6) "Healthcare provider" means a person who is licensed,

9 certified, or otherwise authorized by the laws of this state to administer

10 healthcare services; and

11              (7) "Nationally recognized clinical practice guidelines" means

12 evidence-based clinical practice guidelines that:

13                 (A) Are developed by independent organizations or medical

14 professional societies:

15                          (i) Using a transparent methodology and reporting

16 structure; and

17                          (ii) With a conflict of interest policy; and

18                 (B) Establish standards of care that are informed by:

19                          (i) A systemic review of evidence; and

20                          (ii) An assessment of the benefits and costs of

21 alternative care options that includes without limitation recommendations

22 intended to optimize patient care.

23

24  23-79-2902. Coverage for genetic testing for inherited gene mutation

25 and evidence-based cancer imaging.

26  (a) Beginning on and after January 1, 2026, a health benefit plan that

27 is offered, issued, or renewed in this state shall provide coverage for:

28              (1) Genetic testing for an inherited gene mutation in a clinical

29 setting for an individual with a personal or family history of cancer if the

30 genetic testing for an inherited gene mutation:

31                 (A) Provides clinical utility; and

32                 (B) Is ordered or recommended by a healthcare provider and

33 is supported by medical and scientific evidence, including without

34 limitation:

35                          (i) The National Comprehensive Cancer Network

36 clinical practice recommendations that are level 2a or higher;

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    As Engrossed: H1/30/25 H3/17/25 S4/2/25                                HB1079

1                     (ii) Centers for Medicare & Medicaid Services

2 national coverage determinations or Medicare administrative contractor local

3 coverage determinations; or

4                     (iii) Nationally recognized clinical practice

5 guidelines; and

6               (2) Evidence-based cancer imaging for an individual at an

7 increased risk of developing cancer if the evidence-based cancer imaging:

8                     (A) Provides clinical utility; and

9                     (B) Is ordered or recommended by a healthcare provider

10 according to:

11                    (i) The National Comprehensive Cancer Network

12 clinical practice recommendations that are level 2a or higher; or

13                    (ii) Nationally recognized clinical practice

14 guidelines.

15  (b)(1) Except as provided in subdivision (b)(2) of this section, the

16 coverage for genetic testing for inherited gene mutation and evidence-based

17 cancer imaging under subsection (a) of this section:

18              (A) Is not subject to an annual deductible, copayment, or

19 coinsurance limit as established for other covered benefits under a health

20 benefit plan; and

21              (B) Does not diminish or limit benefits otherwise allowable

22 under a health benefit plan.

23              (2) This subsection does not apply to:

24                    (A) A plan providing health benefits to state and public

25 school employees under � 21-5-401 et seq.; or

26                    (B) A self-funded governmental plan.

27  (c)(1) If application of this section would result in health savings

28 account ineligibility under guidance issued by the United States Department

29 of the Treasury under 26 U.S.C. � 223, as it existed on January 1, 2025, then

30 this section shall apply only to health savings accounts with qualified high

31 deductible health plans with respect to the deductible of a health benefit

32 plan after the individual has satisfied the minimum deductible.

33              (2) This section does apply to items or services that are

34 considered to be preventive care under 26 U.S.C. � 223(c)(2)(C), as it

35 existed on January 1, 2025, whether or not the minimum deductible has been

36 satisfied.

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    As Engrossed: H1/30/25 H3/17/25 S4/2/25  HB1079

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2   23-79-2903. Rules.

3   The Insurance Commissioner shall promulgate rules to implement and

4 administer this subchapter.

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6                              /s/F. Allen

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