Stricken language would be deleted from and underlined language would be added to present law.
Act 1104 of the Regular Session
1 State of Arkansas As Engrossed: H3/22/21 H4/12/21 S4/15/21 S4/19/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1709
4
5 By: Representatives Payton, Boyd, Vaught, Barker, Beck, Bentley, Bragg, Cavenaugh, Cloud, Crawford,
6 Eaves, Evans, D. Garner, M. Gray, Hawks, Holcomb, Hollowell, Maddox, McNair, Miller, Milligan,
7 Richmond, Speaks, Wardlaw, Penzo, B. Smith
8 By: Senators D. Sullivan, K. Hammer, Flippo, Hill, Irvin, Rapert, Rice, D. Wallace
9
10 For An Act To Be Entitled
11 AN ACT TO PROVIDE GUIDELINES ON HOW REBATES ARE
12 OFFERED BY A PHARMACEUTICAL MANUFACTURER THAT SELLS
13 INSULIN IN THIS STATE; AND FOR OTHER PURPOSES.
14
15
16 Subtitle
17 TO PROVIDE GUIDELINES ON HOW REBATES ARE
18 OFFERED BY A PHARMACEUTICAL MANUFACTURER
19 THAT SELLS INSULIN IN THIS STATE.
20
21
22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
23
24 SECTION 1. Arkansas Code Title 4, Chapter 86, Subchapter 1, is amended
25 to add an additional section to read as follows:
26 4-86-111. Pharmaceutical manufacturer discounts for insulin
27 Pharmaceutical manufacturer Definition.
28 (a)(1) As used in this section, "pharmaceutical manufacturer discount"
29 means a discount offered by a pharmaceutical manufacturer or an affiliate of
30 a pharmaceutical manufacturer, directly or indirectly, on a prescription
31 drug.
32 (2) "Pharmaceutical manufacturer discount" includes without
33 limitation:
34 (A) Coupon cards;
35 (B) Price concessions;
36 (C) Rebates;
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 As Engrossed: H3/22/21 H4/12/21 S4/15/21 S4/19/21 HB1709
1 (D) Manufacturer administrative fees;
2 (E) Inflation payments;
3 (F) Product discounts or fees related to procurement of
4 prescription drug inventories;
5 (G) Care management fees; and
6 (H) Any other fees that are paid by a pharmaceutical
7 manufacturer to secure placement on a drug formulary or otherwise move market
8 share of a prescription drug that is intended to reduce the net cost to a
9 patient, consumer, or healthcare payor.
10 (b)(1) Except as provided in subdivision (b)(2) of this section, a
11 pharmaceutical manufacturer or an affiliate of a pharmaceutical manufacturer
12 is prohibited from providing a pharmaceutical manufacturer discount on any
13 insulin product.
14 (2) A pharmaceutical manufacturer discount may be offered for an
15 insulin product if the pharmaceutical manufacturer discount is:
16 (A) Provided directly to the end user in the form of a
17 pharmaceutical manufacturer discount coupon card; and
18 (B) Adjudicated in real time using the National Council
19 for Prescription Drug Programs claims transmission standard.
20 (c) The Attorney General may:
21 (1) Investigate potential violations of this section; and
22 (2) Bring suit against a pharmaceutical manufacturer in
23 violation of this section.
24 (d) This section does not apply to the Arkansas Medicaid Program.
25
26 SECTION 2. DO NOT CODIFY. EFFECTIVE DATE. This act is effective on
27 and after January 1, 2022.
28
29 /s/Payton
30
31
32 APPROVED: 5/3/21
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