All Roll Calls
Yes: 155 • No: 0
ArkansasSB1042025 Regular SessionSenate
TO AMEND THE ARKANSAS PHARMACY BENEFITS MANAGER LICENSURE ACT; TO PROTECT PATIENTS' RIGHTS AND ACCESS TO MEDICATIONS; AND TO DECLARE AN EMERGENCY.
Sponsored By: Clint Penzo (Republican), Robin Lundstrum (Republican)
Enacted
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
6 provisions identified: 6 benefits, 0 costs, 0 mixed.
Clearer pharmacy appeals for patients
Patients and their representatives can request exceptions and appeal coverage decisions without plans, pharmacy managers, or affiliates blocking them. These businesses must post clear, accessible procedures on their websites. Payors must allow reasonable access to discuss benefits, get information or approvals, and appeal, regardless of the administrator selected. Pharmacy benefit managers and their affiliates must process complaints and appeals within deadlines set by the Arkansas Insurance Commissioner.
Patients get safer pharmacy choice exceptions
Plans and pharmacy benefit managers must account for patient limitations before requiring use of an affiliated pharmacy. These include medical, disability, mobility, mental-health, financial, transportation, housing, complex-treatment, and safe medication-handling needs. When affiliate services are unsuitable, they must help patients use their chosen pharmacy in person without extra costs or penalties. A provider's finding that affiliate use harms safe, effective drug receipt or administration bars forced affiliate use. Plans and managers must follow prescribers' orders and dispensing and chain-of-custody laws. They cannot retaliate against patients or providers using these rights by raising costs, denying services, or reporting them to outside agencies.
Patients get usable Arkansas pharmacy networks
Plans and pharmacy benefit managers must provide reasonable Arkansas access to in-person pharmacist consultations and medication pickup. Networks cannot rely solely on mail-order pharmacies or affiliates. Managers cannot maintain ghost networks listing unavailable providers, and plans and managers face limits on drug-specific restricted networks. A network avoids these classifications with at least one Arkansas in-person option and one mail-order option, both available and accepting new patients. Plans and managers must regularly verify directories, remove unavailable providers, and publish accurate, accessible listings online.
Stronger pharmacy choice and patient privacy
Health plans, pharmacy benefit managers, and their affiliates cannot unfairly steer patients, hide pharmacy choices, or use coercive incentives. Affiliates include businesses linked by ownership or control, including through other companies. Pharmacy-choice protection covers pharmacies meeting reasonable network terms and already approved for at least one covered self-administered drug. Prescription transfers to a specified affiliate require verifiable patient consent. Sharing patient or identifiable prescription information with affiliates, or using it for marketing, requires written consent. Lawful health-plan cost-sharing remains allowed. Plans and managers cannot redefine self-administered drugs: drugs patients can administer themselves and pharmacies can legally dispense.
Arkansas strengthens enforcement of pharmacy protections
The Attorney General can enforce violations using Arkansas's deceptive-trade law, including its remedies and penalties. Enforcement also reaches those who cause, encourage, assist, or indirectly carry out prohibited conduct. The Insurance Commissioner can set enforcement rules and penalties scaled to the number of Arkansas residents served. Penalties for ghost-network and affiliate-enforcement violations are capped at $100,000 per violation. The written health plan controls when a pharmacy manager says a restriction comes from that plan. Plan sponsors retain lawful authority to interpret plan terms; the commissioner can enforce violations when managers or affiliates act outside them. Federal law limits the law's reach, and self-funded plans need not change their covered benefits or underlying terms. The emergency clause makes the act effective immediately upon approval, expiration of the veto period, or a veto override.
Pharmacies face fewer extra certification demands
Pharmacy benefit managers cannot impose accreditation or certification demands that conflict with, exceed, or add to state pharmacy board requirements. The Insurance Commissioner can approve different or additional requirements after reviewing them with the Arkansas State Board of Pharmacy.
Sponsors & Cosponsors
Sponsors
Clint Penzo
Republican • Senate
Robin Lundstrum
Republican • House
Cosponsors
Mark Johnson
Republican • Senate
Roll Call Votes
Senate vote • 4/7/2025
Senate Vote - Monday, April 7, 2025 1:32:00 PM
Yes: 32 • No: 0 • Other: 3
House vote • 4/2/2025
House Vote - Wednesday, April 2, 2025 3:20:22 PM
Yes: 96 • No: 0
Senate vote • 3/17/2025
Senate Vote - Monday, March 17, 2025 2:23:38 PM
Yes: 27 • No: 0 • Other: 3
Actions Timeline
Notification that SB104 is now Act 514
4/10/2025SenateDELIVERED TO GOVERNOR.
4/8/2025SenateReported correctly enrolled and ordered delivered to the Governor.
4/8/2025SenateORDERED ENROLLED
4/7/2025SenateEMERGENCY CLAUSE ADOPTED
4/7/2025SenateRead the third time and passed.
4/7/2025SenateRules suspended.
4/7/2025SenateHouse Amendment No. 1 & 2 read first time, rule suspended, read second time and concurred in.
4/7/2025SenatePlaced on second reading for purpose of amendment.
4/7/2025SenateReturned by the Committee with the recommendation that it Do Pass concur in House Amendment No. 1 & 2
4/3/2025SenateRe-referred to INSURANCE & COMMERCE - SENATE
4/2/2025SenateReturned from the House as passed as amended # 1 & 2 .
4/2/2025SenateReturned to Senate as passed, as amended # 1 & 2
4/2/2025HouseEMERGENCY CLAUSE ADOPTED
4/2/2025HouseRead the third time and passed and ordered transmitted to the Senate.
4/2/2025HouseREPORTED CORRECTLY ENGROSSED
4/1/2025HouseAmendment No. 2 read and adopted and the bill ordered engrossed.
4/1/2025HousePlaced on second reading for the purpose of amendment.
4/1/2025HouseReturned by the Committee with the recommendation that it do pass as amended 2
3/31/2025HouseREPORTED CORRECTLY ENGROSSED
3/19/2025HouseAmendment No. 1 read and adopted and the bill ordered engrossed.
3/19/2025HousePlaced on second reading for the purpose of amendment.
3/19/2025HouseRead the first time, rules suspended, read the second time and referred to the Committee on INSURANCE & COMMERCE- HOUSE
3/17/2025HouseRECEIVED FROM THE SENATE
3/17/2025HouseOrdered immediately transmitted to the House.
3/17/2025Senate
Bill Text
SB104 - Introduced
1/27/2025
Act Version
Related Bills
HB1265, AN ACT FOR THE UNIVERSITY OF ARKANSAS AT LITTLE ROCK APPROPRIATION FOR THE 2025-2026 FISCAL YEAR.
HB1237, TO PROHIBIT MEDICAL PROFESSIONALS FROM SOLICITING INJURED INDIVIDUALS; AND TO SET PENALTIES FOR A VIOLATION OF THE PROHIBITION OF SOLICITATION OF INJURED INDIVIDUALS.
HB1686, TO AMEND THE LAW CONCERNING LICENSES TO CARRY CONCEALED HANDGUNS.
SB440, TO AMEND THE LAW CONCERNING EMBALMERS AND FUNERAL DIRECTORS; TO REGULATE THE USE OF ALKALINE HYDROLYSIS; AND TO REGULATE ALKALINE HYDROLYSIS FACILITIES.
HB1695, TO CLARIFY THE FORECLOSURE PROCESS FOR PROPERTY SUBJECT TO A MUNICIPAL LIEN; TO ALLOW A MUNICIPALITY TO PETITION TO SET ASIDE THE SALE OF PROPERTY TO CERTAIN PERSONS; AND TO PROVIDE FOR THE PRIORITY OF UNRECORDED MUNICIPAL LIENS.
HR1012, TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY; TO REQUIRE THAT A MEMBER OF THE HOUSE OF REPRESENTATIVES BE SELECTED AS A DESIGNATED SURVIVOR.