The proposed bill, SB104, seeks to amend the Arkansas Pharmacy Benefits Manager Licensure Act to improve patient rights and access to medications. It establishes a legislative intent to regulate healthcare payors and pharmacy benefits managers, ensuring fair access to pharmacy services and protecting patients from unfair trade practices. The bill introduces new definitions, such as "affiliate," "carve-out network," "ghost network," and "self-administered prescription drug," to clarify the relationships and practices within pharmacy benefits management. It prohibits unfair practices, including coercing enrollees to use specific pharmacies and failing to disclose available options for obtaining prescription drugs, while mandating clear communication regarding exception and appeal processes.

Key provisions of the bill require healthcare payors and pharmacy benefits managers to provide accurate information about participating pharmacists and pharmacies, consider individual patient limitations, and facilitate access to in-person pharmacy services without imposing additional costs. It also prohibits the creation of ghost and carve-out networks that limit patient access to necessary medications. The Insurance Commissioner is empowered to create rules for enforcement, including penalties for non-compliance, and the bill emphasizes adherence to healthcare provider orders and medication dispensing laws. Declaring an emergency, the bill aims for immediate action to protect enrollees' rights and ensure timely access to medications, making it effective upon approval by the Governor or under specified conditions if not acted upon.

Statutes affected:
Old version SB104 Original - 1-27-2025 09:03 AM: 23-92-503, 23-92-506(b)
Old version SB104 V2 - 3-19-2025 03:11 PM: 23-92-503, 03-19-2025, 23-92-506(b)
Old version SB104 V3 - 4-1-2025 02:35 PM: 23-92-503, 04-01-2025, 23-92-506(b)
SB 104: 23-92-503, 23-92-506(b)
Act 514: 23-92-503, 04-01-2025, 23-92-506(b)