The proposed bill seeks to amend the Arkansas Pharmacy Benefits Manager Licensure Act to enhance patient rights and improve access to medications. It establishes a legislative intent to regulate healthcare payors and pharmacy benefits managers, ensuring that patients have adequate access to pharmacy services and are protected from unfair trade practices. The bill introduces new definitions, such as "affiliate," "carve-out network," "ghost network," and "self-administered prescription drug," which clarify the roles of pharmacy benefits managers. It specifically prohibits the creation of ghost and carve-out networks that restrict patient access to necessary medications and outlines unfair trade practices, including requiring enrollees to use specific pharmacy affiliates without consent.

Additionally, the bill mandates that healthcare payors and pharmacy benefits managers maintain accurate pharmacy directories and ensure reasonable access to in-person services while complying with privacy laws. It emphasizes that enrollees should have the freedom to choose their pharmacies without undue restrictions, taking into account individual limitations such as medical and socioeconomic factors. The bill establishes a penalty structure for non-compliance, with fines not exceeding $100,000 per violation, and includes an emergency clause to ensure immediate protection of enrollees' access to prescription medications.

Statutes affected:
SB 104: 23-92-503, 23-92-506(b)