Bill > SB104

This bill amends the Arkansas Pharmacy Benefits Manager Licensure Act to enhance patient protections and regulate the practices of healthcare payors and pharmacy benefits managers (PBMs). The legislation introduces several key provisions aimed at preventing unfair and deceptive trade practices, including prohibiting "ghost networks" (networks with unavailable providers) and "carve-out networks" (networks that artificially limit pharmacy access). The bill defines new terms like "affiliate," "enrollee," and "self-administered prescription drug" and establishes comprehensive rules preventing PBMs from restricting patient choice, misusing patient information, or creating barriers to medication access. It requires PBMs to consider individual patient limitations when enforcing prescription drug policies, ensures patients can choose their preferred pharmacy when affiliate services are unsuitable, and mandates transparent communication about prescription drug options and appeal processes. The bill empowers the Insurance Commissioner to create enforcement rules and implement penalty structures for violations, with potential fines up to $100,000. Importantly, the legislation allows the Attorney General to use remedies from the Deceptive Trade Practices Act to enforce these new regulations, and it includes an emergency clause making the act immediately effective to protect patient rights and medication access.

Business and Industry

https://arkleg.state.ar.us/Bills/Detail?id=sb104&ddBienniumSession=2025%2F2025R