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.

Arkansas pharmacies gain stronger network protections

Arkansas pharmacy benefits managers must let state-licensed pharmacies and pharmacists join and stay in their networks on reasonable terms. Those terms must follow state and federal law, match industry standards, and avoid unfair exclusion. Managers cannot require joining another network or penalize pharmacies for declining it. They also cannot use payment methods or contract terms intended to exclude willing pharmacies. Location, size, or ownership distinctions must directly serve patient care or network needs. Networks cannot be limited to affiliated pharmacies or internet-only pharmacies without an Arkansas location unless patient care or network needs require it. The law also recognizes pharmacies and pharmacists as providers under Arkansas's patient-protection and any-willing-provider laws. Pharmacies and pharmacists can file written complaints; the Insurance Commissioner must hold a hearing and decide within 30 days of receipt. Decisions are binding but subject to court review. After notice and a chance for a hearing, violations can bring fines up to $100,000 each, restrictions on offending products, networks, or services until compliance, or license suspension or revocation. Enforcement also reaches people and entities that help carry out prohibited practices. The commissioner can issue rules and monitor compliance; the Insurance Department can add provider categories by rule. These protections support local pharmacy access but do not directly change employee benefit plans, copays, or drug prices. The law's emergency clause makes it effective immediately upon approval.