Bill > SB583

This bill amends Arkansas law to provide pharmacies, pharmacists, and pharmacy service businesses with a clear private right of action for violations related to Maximum Allowable Cost Lists (MAC Lists). Specifically, the bill allows these entities to pursue legal action under three different state acts: the Deceptive Trade Practices Act, the Arkansas Pharmacy Benefits Manager Licensure Act, and the Trade Practices Act. If a pharmacy successfully pursues such an action, they may recover compensatory damages, actual financial losses, and punitive damages. Additionally, the bill stipulates that a prevailing pharmacy can recover attorney's fees and legal costs. For violations pursued under the Trade Practices Act, the pharmacy can seek statutory damages of $10,000 per violation. Importantly, the bill explicitly states that this private right of action cannot be used against any government, governmental agency, or governmental official. The purpose of this legislation appears to be providing pharmacies with more robust legal recourse when they believe they have been wronged in matters related to pharmacy service pricing and practices.

Business and Industry, Justice

https://arkleg.state.ar.us/Bills/Detail?id=sb583&ddBienniumSession=2025%2F2025R