The proposed bill seeks to amend the Arkansas Pharmacy Benefits Manager Licensure Act with the goal of enhancing patient rights and improving access to medications. It establishes a clear legislative intent to regulate healthcare payors and pharmacy benefits managers (PBMs) to ensure fair access to pharmacy services and protect patients 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 relationships and practices within pharmacy benefits management. It also prohibits unfair practices, including coercing enrollees to use specific affiliates and restricting pharmacy choices, while mandating clear communication regarding coverage exceptions and appeals.

Furthermore, the bill includes provisions that require healthcare payors and PBMs to provide accurate information about participating pharmacies and to facilitate access to in-person pharmacy services without imposing additional costs on enrollees. It establishes a non-restriction clause to prevent mandating the use of specific affiliates that could negatively impact enrollees' ability to safely receive their medications. The Insurance Commissioner is empowered to create enforcement rules and a penalty structure for non-compliance, which could reach up to $100,000 per violation. The bill emphasizes the need to consider various limitations faced by enrollees when determining access to medications and declares an emergency for immediate action to protect enrollees' rights, making it effective upon approval by the Governor.

Statutes affected:
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)
Old version SB104 Original - 1-27-2025 09:03 AM: 23-92-503, 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)