The proposed legislation, known as the "Pharmacy Nondiscrimination Act," aims to amend the Patient Protection Act of 1995 and enhance the state's any willing provider laws by ensuring that pharmacy benefits managers (PBMs) must accept any pharmacy or pharmacist willing to comply with relevant and reasonable terms of participation. The bill emphasizes the importance of fair access to healthcare providers, fostering competition, and consumer choice. It introduces definitions for key terms such as "pharmacist," "pharmacy," and "pharmacy benefits manager," and outlines the conditions under which a pharmacy or pharmacist cannot be denied participation in a PBM network.

Additionally, the bill establishes that PBMs cannot impose discriminatory practices that exclude qualified pharmacies or pharmacists based on arbitrary criteria, such as geographic location or ownership structure, unless directly relevant to patient care. It also provides a mechanism for pharmacies or pharmacists to file complaints with the Insurance Commissioner if they believe they have been unjustly excluded from a PBM network. The act includes an emergency clause, indicating the immediate need for its implementation to protect public health and ensure equitable access to pharmacy services across Arkansas.

Statutes affected:
SB 103: 23-99-203(d), 23-99-802(4)