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Arkansas General Assembly· SB 331Died in House Committee at Sine Die adjournment.

An act CONCERNING COVERAGE FOR GENETIC TESTING FOR 10 INHERITED CANCER MUTATIONS, 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: S3/20/25
2 95th General Assembly
                                       A Bill

3 Regular Session, 2025                                           SENATE BILL 331

4

5 By: Senator G. Leding

6 By: Representative L. Johnson

7

8                                For An Act To Be Entitled

9         AN ACT CONCERNING COVERAGE FOR GENETIC TESTING FOR

10        INHERITED CANCER MUTATIONS; TO CREATE THE GENETIC

11        TESTING ACT; AND FOR OTHER PURPOSES.

12

13

14                                     Subtitle

15                       CONCERNING COVERAGE FOR GENETIC TESTING

16                       FOR INHERITED CANCER MUTATIONS; AND TO

17                       CREATE THE GENETIC TESTING ACT.

18

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

20

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

22 additional subchapter to read as follows:

23

24                       Subchapter 29 -- Genetic Testing Act

25

26        23-79-2901. Title.

27        This subchapter shall be known and may be cited as the "Genetic Testing

28 Act".

29

30        23-79-2902. Definitions.

31        As used in this subchapter:

32        (1) "Clinical genetic testing for an inherited cancer mutation"

33 means germline testing for an inherited mutation associated with an increased

34 cancer risk according to evidence-based, clinical practice guidelines;

35        (2) "Cost-sharing requirements" means a deductible payment,

36 coinsurance amount, copayment, or any similar out-of-pocket expense;

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    As Engrossed: S3/20/25                                                  SB331

1             (3) "Enrollee" means an individual entitled to coverage of

2 healthcare services from a healthcare insurer;

3             (4) "Evidence-based cancer imaging" means an evidence-based

4 cancer imaging modalities according to the National Comprehensive Cancer

5 Network clinical practice guidelines;

6             (5)(A) "Health benefit plan" means any individual, blanket, or

7 group plan, policy, or contract for healthcare services issued or delivered

8 by a healthcare insurer in this state.

9             (B) "Health benefit plan" does not include:

10                          (i) Accident-only plans;

11                          (ii) Specified disease plans;

12                          (iii) Disability income plans;

13                          (iv) Plans that provide only for indemnity for

14 hospital confinement;

15                          (v) Long-term-care-only plans that do not include

16 pharmacy benefits;

17                          (vi) Other limited-benefit health insurance policies

18 or plans;

19                          (vii) Health benefit plans provided under Arkansas

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

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

22                          (viii) The Arkansas Medicaid Program;

23                          (ix) A program established by the Arkansas Health

24 and Opportunity for Me Act of 2021, � 23-61-1001 et seq.;

25                          (x) Any state or local governmental employee plan;

26 or

27                          (xi) A plan that provides only dental benefits or

28 eye and vision care benefits;

29            (6)(A) "Healthcare insurer" means a:

30                          (i) Health insurance issuer that is subject to state

31 law regulating insurance;

32                          (ii) Health maintenance organization;

33                          (iii) Hospital and medical service corporation; or

34                          (iv) An entity that provides plans as a nonprofit

35 agricultural membership organization as defined in � 23-60-104.

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

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    As Engrossed: S3/20/25                                                   SB331

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

2             (7) "Healthcare professional" means a person who is licensed,

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

4 health care in the ordinary course of the practice of his or her profession.

5

6   23-79-2903. Coverage for genetic testing for inherited cancer

7 mutations.

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

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

10            (1) Clinical genetic testing for a clinical genetic testing for

11 an inherited cancer mutation for an enrollee with a personal or family

12 history of cancer if the clinical genetic testing for a clinical genetic

13 testing for an inherited cancer mutation is recommended by a healthcare

14 professional; and

15            (2) Evidenced-based cancer imaging for an enrollee with an

16 increased risk of cancer as recommended by National Comprehensive Cancer

17 Network clinical practice guidelines.

18  (b) The coverage under subsection (a) of this section is not subject

19 to any cost-sharing requirements under other applicable law.

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

21 account ineligibility under guidance issued by the United States Department

22 of the Treasury under 26 U.S.C. � 223, as in effect on January 1, 2025, then

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

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

25 plan after the individual has satisfied the minimum deductible.

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

27 considered to be preventive care under 26 U.S.C. � 223(c)(2)(C), as in effect

28 on January 1, 2025, whether or not the minimum deductible has been satisfied.

29

30  23-79-2904. Rules.

31  The Insurance Commissioner may develop and promulgate rules for the

32 implementation and administration of this subchapter.

33

34                          /s/G. Leding

35

36

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