This bill amends existing Arkansas law to allow nonprofit, tax-exempt, or governmentally-funded hospitals to hold a licensed pharmacy permit for the retail sale of drugs, which was previously prohibited. The new provisions specify that a healthcare organization licensed as a hospital may hold one retail pharmacy permit at each hospital location, provided it meets certain criteria, such as having a minimum average daily inpatient census of twenty-five patients. Additionally, the bill outlines specific requirements for the location of the pharmacy, including that it must be on the hospital campus or within 250 yards, and mandates that hospitals provide access to emergency medications 24/7.

Furthermore, the bill introduces regulations regarding pharmacy contracting and conflicts of interest. It prohibits pharmacy permit holders from entering contracts that create financial incentives for patients to choose their pharmacy over others, or that provide preferential reimbursement rates. The Arkansas State Board of Pharmacy is tasked with investigating complaints related to these violations and has the authority to terminate pharmacy permits if violations are confirmed. The bill also emphasizes that market-based cash pricing is not considered a financial incentive and requires entities involved in the 340B Drug Pricing Program to allow other pharmacies to participate in cash savings plans.

Statutes affected:
HB 1300: 17-92-607, 17-92-405