Notice and disclosure requirements

Ark. Code Ann. § 23-99-2304 — under Healthcare Providers.

Ark. Code Ann. § 23-99-2304

(a) A pharmacy services administrative organization-pharmacy contract shall include a provision that requires a pharmacy services administrative organization to provide to a pharmacy a copy of the pharmacy services administrative organization-pharmacy contract, amendment, payment schedule, or reimbursement rates within three (3) calendar days after the execution of a pharmacy services administrative organization-pharmacy contract, or an amendment to a pharmacy services administrative organization-pharmacy contract, signed on behalf of the pharmacy.

(b) A pharmacy services administrative organization shall disclose to the State Insurance Department the extent of any ownership or control of the pharmacy services administrative organization by a parent company, subsidiary, or other organization that:(1) Provides pharmacy services or support;(2) Provides prescription drug or device services; or(3) Manufactures, sells, or distributes prescription drugs, biologicals, or medical devices.

(1) Provides pharmacy services or support;

(2) Provides prescription drug or device services; or

(3) Manufactures, sells, or distributes prescription drugs, biologicals, or medical devices.

(c) A pharmacy services administrative organization shall notify the department in writing within five (5) calendar days of any material change in its ownership or control relating to any company, subsidiary, or other organization described in subsection (b) of this section.

(d) (1) Before entering into a pharmacy services administrative organization-pharmacy contract, a pharmacy services administrative organization shall disclose to a pharmacy a written disclosure of ownership or control in order to assist the pharmacy in making an informed decision regarding its relationship with the pharmacy services administrative organization.(2) The disclosure required under subdivision (d)(1) of this section shall include the extent of any ownership or control by a parent company, subsidiary, or other organization that:(A) Provides pharmacy services or support;(B) Provides prescription drug or device services; or(C) Manufactures, sells, or distributes prescription drugs, biologicals, or medical devices.

(1) Before entering into a pharmacy services administrative organization-pharmacy contract, a pharmacy services administrative organization shall disclose to a pharmacy a written disclosure of ownership or control in order to assist the pharmacy in making an informed decision regarding its relationship with the pharmacy services administrative organization.

(2) The disclosure required under subdivision (d)(1) of this section shall include the extent of any ownership or control by a parent company, subsidiary, or other organization that:(A) Provides pharmacy services or support;(B) Provides prescription drug or device services; or(C) Manufactures, sells, or distributes prescription drugs, biologicals, or medical devices.

(A) Provides pharmacy services or support;

(B) Provides prescription drug or device services; or

(C) Manufactures, sells, or distributes prescription drugs, biologicals, or medical devices.

(e) A pharmacy services administrative organization-pharmacy contract shall provide that the pharmacy services administrative organization shall notify the pharmacy in writing within five (5) calendar days of any material change in its ownership or control related to any company, subsidiary, or other organization described in subdivision (d)(1) of this section.

(f) (1) Before entering into a contract with a third-party payer, a pharmacy services administrative organization shall furnish to a pharmacy benefits manager or a third-party payer a written disclosure of ownership or control in order to assist the pharmacy benefits manager or the third-party payer in making an informed decision regarding the pharmacy benefits manager's or the third-party payer's relationship with the pharmacy services administrative organization and the pharmacy or pharmacies for which the pharmacy services administrative organization is negotiating.(2) The disclosure required under subdivision (f)(1) of this section shall include the extent of any ownership or control by any parent company, subsidiary, or other organization that:(A) Provides pharmacy services or support;(B) Provides prescription drug or device services; or(C) Manufactures, sells, or distributes prescription drugs, biologicals, or medical devices.

(1) Before entering into a contract with a third-party payer, a pharmacy services administrative organization shall furnish to a pharmacy benefits manager or a third-party payer a written disclosure of ownership or control in order to assist the pharmacy benefits manager or the third-party payer in making an informed decision regarding the pharmacy benefits manager's or the third-party payer's relationship with the pharmacy services administrative organization and the pharmacy or pharmacies for which the pharmacy services administrative organization is negotiating.

(2) The disclosure required under subdivision (f)(1) of this section shall include the extent of any ownership or control by any parent company, subsidiary, or other organization that:(A) Provides pharmacy services or support;(B) Provides prescription drug or device services; or(C) Manufactures, sells, or distributes prescription drugs, biologicals, or medical devices.

(A) Provides pharmacy services or support;

(B) Provides prescription drug or device services; or

(C) Manufactures, sells, or distributes prescription drugs, biologicals, or medical devices.

(g) A pharmacy services administrative organization-pharmacy contract with a third-party payer shall require that a pharmacy services administrative organization shall notify the third-party payer in writing within five (5) calendar days of any material change in its ownership or control related to any company, subsidiary, or other organization described in subdivision (f)(1) of this section.