The bill amends the Arkansas Code concerning Maximum Allowable Cost Lists related to pharmacy services by introducing a new provision that allows pharmacies, pharmacists, or businesses providing pharmacy services to pursue a private right of action for violations of these laws. Specifically, the new language clarifies that these entities can seek remedies such as compensatory damages, actual financial losses, and punitive damages under various acts, including the Deceptive Trade Practices Act, the Arkansas Pharmacy Benefits Manager Licensure Act, and the Trade Practices Act.

Additionally, the bill stipulates that a prevailing party in such actions may recover attorney's fees and all costs incurred. It also establishes that pharmacies or businesses can claim statutory damages of $10,000 per violation when pursuing actions under the Trade Practices Act. However, the private right of action does not extend to actions against any government, governmental agency, or governmental official.

Statutes affected:
Old version SB583 V2 - 4-3-2025 09:22 AM: 17-92-507
Old version SB583 Original - 3-31-2025 12:51 PM: 17-92-507
SB 583: 17-92-507
Act 990: 17-92-507