Arkansas Code Title 20. Public Health and Welfare § 20-77-143. Products and label expansions approved by the United States Food and Drug Administration

(1) The Arkansas Medicaid Program has historically delayed or denied access to new products and label expansions approved by the United States Food and Drug Administration during the time period after the products or label expansions have been approved by the United States Food and Drug Administration but before the Arkansas Medicaid Drug Utilization Review Board has conducted a formal clinical review;

(2) This practice:

(3) Other state Medicaid programs provide immediate access to new products and label expansions approved by the United States Food and Drug Administration prior to a formal clinical review; and

(4) It is in the best interest of the citizens of this state to provide immediate access to new products and label expansions approved by the United States Food and Drug Administration prior to a formal clinical review.

(1) Provide immediate access to and reimbursement for new products and label expansions approved by the United States Food and Drug Administration, or outpatient drugs with a federal rebate agreement in place, if the product is prescribed according to approved indications or medically accepted indications; and

(2) Not deny or delay coverage or reimbursement for new products and label expansions for an existing covered product approved by the United States Food and Drug Administration for an existing covered product, including denying or delaying access to a product solely because the Arkansas Medicaid Drug Utilization Review Board or any other advisory body has not conducted a formal clinical review of the product or label expansion.

(c)(1) The Department of Human Services shall appoint two (2) individuals to the Arkansas Medicaid Drug Utilization Review Board.

(2) The individuals appointed under subdivision (c)(1) of this section shall be:

(3) The department shall amend any rules or bylaws of the Arkansas Medicaid Drug Utilization Review Board to implement this section.