The proposed legislation, known as the "Pharmacy Nondiscrimination Act," aims to amend the Patient Protection Act of 1995 and establish regulations for pharmacy benefits managers (PBMs) in Arkansas. The bill mandates that PBMs must accept any pharmacy or pharmacist willing to comply with relevant and reasonable terms of participation, thereby ensuring fair access to pharmacy services and fostering competition. The act emphasizes the importance of maintaining a diverse and competitive pharmacy network for the healthcare needs of Arkansans, and it includes provisions to prevent PBMs from arbitrarily excluding qualified pharmacies or pharmacists from their networks.

Additionally, the bill introduces definitions related to pharmacy benefits managers, pharmacists, and pharmacies, and outlines the rights of pharmacies and pharmacists to participate in PBM networks. It establishes a complaint process for pharmacies or pharmacists who believe they have been unjustly excluded, allowing them to appeal to the Insurance Commissioner. The legislation also includes enforcement mechanisms, such as fines and potential license revocation for PBMs that violate the new regulations. An emergency clause is included, indicating the immediate necessity of the act to protect public health and ensure equitable access to pharmacy care across the state.

Statutes affected:
Old version SB103 V2 - 3-17-2025 02:25 PM: 23-99-203(d), 23-99-802(4)
Old version SB103 Original - 1-27-2025 09:03 AM: 23-99-203(d), 23-99-802(4)
SB 103: 23-99-203(d), 23-99-802(4)
Act 425: 23-99-203(d), 23-99-802(4)