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Arkansas General Assembly· HB 1316Notification that HB1316 is now Act 390

An act TO MANDATE COVERAGE FOR LUNG CANCER 10 SCREENINGS, the official text

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1 State of Arkansas       As Engrossed: H2/18/25 H3/6/25
2 95th General Assembly
                                   A Bill

3 Regular Session, 2025                                             HOUSE BILL 1316

4

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

6 By: Senator D. Wallace

7

8                         For An Act To Be Entitled

9   AN ACT TO MANDATE COVERAGE FOR LUNG CANCER

10  SCREENINGS; AND FOR OTHER PURPOSES.

11

12

13                                      Subtitle

14                       TO MANDATE COVERAGE FOR LUNG CANCER

15                       SCREENINGS.

16

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

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

20 additional subchapter to read as follows:

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22            Subchapter 29 -- Coverage for Lung Cancer Screenings

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24  23-79-2901. Legislative findings.

25  The General Assembly finds that:

26  (1) Lung cancer is the leading cause of cancer deaths in

27 Arkansas, killing nearly two thousand (2,000) residents each year;

28  (2) Lung cancer, which is mostly preventable, is the leading

29 cause of cancer deaths in Arkansas;

30  (3) In Arkansas, about one thousand eight hundred twenty-five

31 (1,825) individuals die each year from lung cancer;

32  (4) Lung cancer claims more lives each year than the combined

33 deaths of nine hundred eighty-one (981) caused by breast cancer, colorectal

34 cancer, or prostate cancer in Arkansas, which indicates that lung cancer

35 should be a top priority for Arkansas;

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    As Engrossed: H2/18/25 H3/6/25                                         HB1316

1            (5) The lung cancer death rate in Arkansas is higher than the

2 lung cancer death rate for the United States, forty-five and sixth-tenths

3 (45.6) versus thirty-two and four-tenths (32.4) per one hundred thousand

4 (100,000) individuals;

5            (6) Washington County is the only county in Arkansas that has a

6 lung cancer death rate that is less than the United States average;

7            (7) On average, about two thousand six hundred ninety-eight

8 (2,698) people are diagnosed with lung cancer each year in Arkansas;

9            (8) The rate of new lung cancer cases diagnosed in Arkansas is

10 higher than the rate of new cases for the United States, sixty-eight and two-

11 tenths (68.2) versus fifty-three and six-tenths (53.6) per one hundred

12 thousand (100,000) individuals;

13           (9) Only Benton County, Lee County, and Washington County have

14 incidence rates of lung cancer less than the United States average of fifty-

15 three and six-tenths (53.6) per one hundred thousand (100,000) individuals;

16           (10) Lung cancer survival rates are low because it is often

17 diagnosed too late;

18           (11) According to the American Lung Association, it estimated

19 that only twenty-two and six-tenths percent (22.6%) of Arkansans will survive

20 lung cancer five (5) years past their diagnosis;

21           (12) Lung cancer has one (1) of the lowest survival rates,

22 slightly better than esophageal cancer, liver cancer, and pancreatic cancer,

23 respectively;

24           (13) Lung cancer, esophageal cancer, liver cancer, and

25 pancreatic cancer are associated with cigarette smoking;

26           (14)(A) Nearly ninety percent (90%) of all lung cancers are due

27 to cigarette smoking.

28                (B) Air pollution and exposure to radon, a radioactive

29 gas, explain most of the other ten percent (10%) of lung cancers;

30           (15) Quitting cigarette smoking can reduce the risk for lung

31 cancer and many other tobacco-caused cancers;

32           (16) In addition, lung cancer screening can reduce lung cancer

33 deaths by at least twenty percent (20%);

34           (17) Lung cancer gets the least amount of federal funding even

35 though lung cancer takes more lives as a percentage of the whole than other

36 cancers;

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1            (18)(A) Most individuals are aware that it is possible to get a

2 mammogram to detect breast cancer early or a colonoscopy to detect colon

3 cancer early.

4                     (B) However, some individuals may not be aware that it is

5 possible to get an annual lung cancer screening to detect lung cancer early;

6            (19) Lung cancer screening is performed with low-dose computed

7 tomography scan that can identify small nodules or other abnormalities in the

8 lungs;

9            (20) Screening with low-dose computed tomography may be done in

10 asymptotic individuals and in high-risk individuals like smokers and former

11 smokers;

12           (21)(A) The American Lung Association says that only three and

13 seven-tenths percent (3.7%) of individuals who are eligible to get screened

14 for lung cancer are screened in Arkansas.

15                    (B) This is lower than the national rate of four and five-

16 tenths percent (4.5%);

17           (22) The American Cancer Society recommends that smokers and

18 former smokers fifty (50) to eighty (80) years of age get screened for lung

19 cancer if they have smoked at least twenty (20) or more packs for years,

20 which can be measured in different ways. For example, an individual who

21 smoked one (1) pack of cigarettes a day for at least twenty (20) years would

22 have the equivalent smoking rate of an individual who has smoked two (2)

23 packs of cigarettes per day for ten (10) years;

24           (23) The American Cancer Society screening guideline differs

25 from the United States Preventive Services Task Force Lung Cancer Screening

26 Guidelines which state that lung cancer screening should be discontinued

27 after a person has not smoked for at least fifteen (15) years;

28           (24) Medicare and most healthcare insurers will cover lung

29 cancer screening, but eligibility requirements, obtaining a referral,

30 copayments, deductibles, out-of-pocket costs, and the type of paperwork

31 needed to get an annual lung cancer screening vary by healthcare insurer;

32           (25) The Arkansas Medicaid Program covers lung cancer screening

33 in Arkansas;

34           (26) If a healthcare insurer does not cover annual lung cancer

35 screening, then funds are needed to assist smokers and formers smokers in

36 getting screened;

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    As Engrossed: H2/18/25 H3/6/25                                        HB1316

1   (27) Arkansas has the second-highest smoking rate in the nation;

2   (28) Smoking rates are higher in rural versus urban areas where

3 access to low-dose computed tomography is low; and

4   (29) It is important to promote lung cancer screenings by:

5                (A) Increasing availability of low-dose computed

6 tomography in rural areas that may reduce travel time to no more than thirty

7 (30) minutes;

8                (B) Increasing the number of healthcare providers in rural

9 areas to support lung cancer screening and also support other cancer

10 screening as well;

11               (C) Increasing funding for educational programs to

12 increase awareness about lung cancer screening in Arkansas;

13               (D) Increasing research dollars in Arkansas to support

14 research related to lung cancer screening and early detection of lung cancer;

15               (E) Increasing funding for patient advocates in all

16 counties and public health regions to help people overcome financial,

17 transportation, and other barriers to lung cancer screening; and

18               (F) Providing hospitals with incentives to add smoking

19 cessation programs to lung cancer screening.

20

21  23-79-2902. Definitions.

22  As used in this subchapter:

23  (1) "Covered person" means an individual who is entitled to

24 receive healthcare services under the terms of a health benefit plan;

25  (2)(A) "Health benefit plan" means:

26                     (i) An individual, blanket, or group plan, or a

27 policy or contract for healthcare services offered, issued, renewed,

28 delivered, or extended in this state by a healthcare insurer; and

29                     (ii) A health benefit program receiving state or

30 federal appropriations from the State of Arkansas, including the Arkansas

31 Medicaid Program and the Arkansas Health and Opportunity for Me Program, �

32 23-61-1001 et seq., or any successor program.

33               (B) "Health benefit plan" includes:

34                     (i) Indemnity and managed care plans; and

35                     (ii) Nonfederal governmental plans as defined in 29

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

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    As Engrossed: H2/18/25 H3/6/25                                        HB1316

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

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

3 and vision care benefits;

4                         (ii) A disability income plan;

5                         (iii) A credit insurance plan;

6                         (iv) Insurance coverage issued as a supplement to

7 liability insurance;

8                         (v) A medical payment under an automobile or

9 homeowners insurance plan;

10                        (vi) A health benefit plan provided under Arkansas

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

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

13                        (vii) A plan that provides only indemnity for

14 hospital confinement;

15                        (viii) An accident-only plan;

16                        (ix) A specified disease plan; or

17                        (x) A long-term-care-only plan; and

18  (3)(A) "Healthcare insurer" means an insurance company, hospital

19 and medical service corporation, or health maintenance organization that

20 issues or delivers health benefit plans in this state and is subject to:

21                        (i) The insurance laws of this state;

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

23 hospital and medical service corporations; or

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

25 health maintenance organizations.

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

27 provides only dental benefits or eye and vision care benefits.

28

29  23-79-2903. Coverage for lung cancer screenings.

30  (a) On and after January 1, 2026, a health benefit plan that is

31 offered, issued, renewed, delivered, or extended in this state shall provide

32 coverage for lung cancer screenings and follow-up healthcare services

33 according to American Cancer Society guidelines.

34  (b) The coverage for lung cancer screenings under subsection (a) of

35 this section:

36  (1) Is not subject to an annual deductible, copayment, or

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    As Engrossed: H2/18/25 H3/6/25               HB1316

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

2 benefit plan; and

3   (2) Does not diminish or limit benefits otherwise allowable

4 under a health benefit plan.

5

6   23-79-2904. Rules.

7   (a) The Insurance Commissioner shall promulgate rules to implement

8 this subchapter.

9   (b) The Secretary of the Department of Human Services shall promulgate

10 rules necessary to implement this subchapter that may apply to the Arkansas

11 Medicaid Program or the Arkansas Health and Opportunity for Me Program, � 23-

12 61-1001 et seq.

13  (c) The State Board of Finance shall promulgate rules necessary to

14 implement this subchapter that may apply to the State and Public School Life

15 and Health Insurance Program.

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17                                  /s/F. Allen

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