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Bill > SB103


AR SB103

AR SB103
To Create The Pharmacy Nondiscrimination Act; To Require Pharmacy Benefits Managers To Accept Any Pharmacy Or Pharmacist Willing To Accept Relevant And Reasonable Terms Of Participation; And To Declare An Emergency.


summary

Introduced
01/27/2025
In Committee
03/31/2025
Crossed Over
03/19/2025
Passed
04/02/2025
Dead
Signed/Enacted/Adopted
04/07/2025

Introduced Session

95th General Assembly (2025 Regular)

Bill Summary

AN ACT CONCERNING THE STATE'S ANY WILLING PROVIDER LAWS; TO AMEND THE PATIENT PROTECTION ACT OF 1995; TO CREATE THE PHARMACY NONDISCRIMINATION ACT; TO REQUIRE PHARMACY BENEFITS MANAGERS TO ACCEPT ANY PHARMACY OR PHARMACIST WILLING TO ACCEPT RELEVANT AND REASONABLE TERMS OF PARTICIPATION; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.

AI Summary

This bill creates the Pharmacy Nondiscrimination Act, which aims to ensure fair access and participation for pharmacies and pharmacists in pharmacy benefits manager (PBM) networks. The legislation expands the definition of "healthcare provider" to explicitly include pharmacies and establishes new requirements for PBMs, mandating that they cannot deny participation to any licensed pharmacy or pharmacist who agrees to meet relevant and reasonable terms of participation. The bill prohibits PBMs from excluding pharmacies based on arbitrary criteria like geographic location, size, or ownership structure, and provides a mechanism for pharmacies to file complaints with the Insurance Commissioner if they believe they've been unfairly denied network participation. If a PBM is found to have violated these provisions, the Commissioner can impose significant penalties, including fines up to $100,000 per violation, prohibiting the PBM from marketing certain products, or even revoking their operating license. The legislative findings emphasize that these provisions are intended to foster competition, ensure consumer choice, and prevent practices that could restrict patient access to pharmacy services. The bill includes an emergency clause, highlighting the immediate importance of protecting public health and ensuring equitable access to pharmacy care across the state.

Committee Categories

Business and Industry

Sponsors (4)

Last Action

Notification that SB103 is now Act 425 (on 04/07/2025)

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