Title 23 — Public Utilities and Regulated Industries

(a) The prohibitions under § 23-99-407 apply to participation contracts between pharmacy benefits managers and pharmacists or pharmacies providing prescription drug coverage for health benefit plans. (b) A pharmacy or pharmacist may provide to an insured information regarding the…

(a) The Insurance Commissioner shall enforce this subchapter. (b) (1) The commissioner may examine or audit the books and records of a pharmacy benefits manager providing claims processing services or other prescription drug or device services for a health benefit plan to determi…

(a) (1) The Insurance Commissioner may adopt rules regulating pharmacy benefits managers that are not inconsistent with this subchapter.(2) Rules that the commissioner may adopt under this subchapter include without limitation rules relating to:(A) Licensing;(B) Financial solvenc…

(a) This subchapter is applicable to a contract or health benefit plan issued, renewed, recredentialed, amended, or extended on and after September 1, 2018. (b) A contract existing on the date of licensure of the pharmacy benefits manager shall comply with the requirements of thi…

(a) As used in this section:(1) “Cost-sharing requirement” means a copayment, coinsurance, deductible, or annual limitation on cost sharing, including without limitation a limitation subject to the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, that is required …

(a) On and after January 1, 2026, a contract or a pharmacy provider manual between a pharmacy benefits manager and a pharmacy or a pharmacist shall be updated to indicate that the pharmacy benefits manager will issue, mail, or otherwise transmit payment with respect to a clean cl…

(a) A pharmaceutical manufacturer that utilizes a vendor, pharmacy benefits manager, or electronic claims processor to process prescription drug manufacturer coupons or pharmaceutical manufacturer coupons shall:(1) Have an active wholesale distributor permit and be in good standi…

(a) (1) A healthcare payor, healthcare payor affiliate, pharmacy benefits manager, or pharmacy benefits manager affiliate shall not engage in unfair or deceptive trade practices in the administration of pharmacy benefits.(2) Unfair or deceptive trade practices under subdivision (…

(a) (1) A pharmacy benefits manager shall not create, utilize, or maintain a ghost network within this state.(2) For purposes of this section, a network shall not be considered a ghost network if the network includes at least one (1) mail-order pharmacy option and one (1) in-pers…

(a) A healthcare payor or pharmacy benefits manager shall not enforce the use of a particular healthcare payor affiliate or pharmacy benefits manager affiliate without considering the enrollee's individual limitations, including without limitation:(1) Medical limitations, includi…

(a) The definition of “self-administered prescription drug” under this subchapter is controlling, and that defined term shall not be altered, modified, reclassified, relabeled, or reinterpreted by a health benefit plan, healthcare payor, healthcare payor affiliate, pharmacy benef…

(a) A prohibition of an activity under this subchapter is applicable to a person or entity that:(1) Performs the prohibited activity;(2) Causes another person or entity to perform the prohibited activity;(3) Solicits, advises, encourages, or coerces another person or entity to pe…

(a) A pharmacy benefits manager may differentiate different health benefit plans, networks, or benefit packages with the use of a unique number or other form of identification. (b) At the time of renewal of a pharmacy benefits manager license, a pharmacy benefits manager shall re…

This subchapter shall be known and may be cited as the “340B Drug Pricing Nondiscrimination Act”.

(1) As used in this subchapter:(1) “Patient” means an individual seeking medical diagnosis and treatment;(2) “Pharmacy” means the same as defined in § 17-92-101;(3) “Provider” means a licensed pharmacist as defined in § 17-92-101;(4) (A) “Third party” means:(i) A payor or the pay…

(1) A third party shall:(1) Inform a patient that the patient is not required to use a mail-order pharmacy;(2) Obtain a signed waiver from a patient before allowing the use of a mail-order pharmacy;(3) Make drug formulary and coverage decisions based on the third party's normal c…

(a) A third party shall not:(1) Coerce a patient into using a mail-order pharmacy;(2) Require a patient to use a mail-order pharmacy;(3) Discriminate, lower the reimbursement, or impose any separate terms upon a pharmacy in any other third party contract on the basis that a pharm…

All pharmacy claims processed by a pharmacy that participates in 340B drug pricing are final at the point of adjudication.

The Insurance Commissioner shall promulgate rules to implement this subchapter.

This subchapter shall be known and may be cited as the “Arkansas Pharmacy Benefits Manager Share the Savings Act”.

The purpose of this subchapter is to require pharmacy benefits managers to share the benefit of rebates with enrollees in this state.

(1) As used in this subchapter:(1) “Defined cost sharing” means a deductible payment or coinsurance amount imposed on an enrollee for a covered prescription drug under the enrollee's health benefit plan;(2) “Enrollee” means an individual entitled to coverage of healthcare service…

(a) An enrollee's defined cost sharing for a prescription drug shall be calculated at the point-of-sale based on a price that is reduced by an amount equal to at least one hundred percent (100%) of all rebates received, or to be received, in connection with the dispensing or admi…

This subchapter shall be known and may be cited as the “Continuing Care Provider Regulation Act”.

(a) The General Assembly recognizes that continuing care communities have become an important and necessary alternative for the long-term residential, social, and health maintenance needs for many of the state's elderly citizens. (b) The General Assembly recognizes the need for f…

(1) As used in this subchapter:(1) “Commissioner” means the Insurance Commissioner;(2) (A) “Continuing care” means the furnishing of independent living units to individuals and:(i) Furnishing nursing care or personal care services under an agreement, whether the nursing care or p…

(a) Whenever it appears to the Insurance Commissioner that any person has engaged in, or is about to engage in, any act or practice constituting a violation of any provision of this subchapter or any rule or order under this subchapter, the commissioner may:(1) Issue an order dir…

The Insurance Commissioner shall have the authority to adopt, amend, or repeal such rules as are reasonably necessary for the enforcement of the provisions of this subchapter.

(a) No later than sixty (60) days prior to the first solicitation of a contract to provide continuing care, the provider shall deliver an initial disclosure statement to the State Insurance Department. This statement shall contain all of the following information:(1) The name and…

(a) The State Insurance Department shall review the filed disclosure document for the following:(1) The completeness of the filing; and(2) The manner and method of computing the reserve. (1) The completeness of the filing; and (2) The manner and method of computing the reserve. (…

(a) A continuing care contract shall be written in clear and understandable language. (b) A continuing care contract shall, at a minimum:(1) Describe the facility's admission policies, including age, health status, and minimum financial requirements, if any;(2) Describe the healt…

For a seven-day period beginning on the date a provider receives any payment from a prospective resident, a prospective resident shall have the right to rescind any contractual obligation into which he or she has entered and receive a full refund of any moneys transferred to the …

(a) No provider shall make, publish, disseminate, circulate, or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper or other publication, or in the form of a notice, circular, pamph…

(a) (1) Each provider shall establish and maintain liquid refund reserves in an amount determined in accordance with this section.(2) (A) The refund reserve shall be equal to or shall exceed the actuarially determined annual refund amount as of the financial reporting date.(B) Th…

(a) (1) The Insurance Commissioner shall require that the provider establish an interest-bearing escrow account with a financial institution authorized to do business in this state. Any entrance fees or payments received by the provider prior to the date the resident is permitted…

In the event of the bankruptcy or receivership of the provider resulting from the financial difficulties of the provider, the residents of the facility shall have a statutory lien on the real and personal property of the facility. This lien shall be subordinate to liens of record…

(a) The State Insurance Department may conduct any investigation or examination deemed necessary by the Insurance Commissioner:(1) For the public health, safety, and welfare of a resident or potential resident of a facility;(2) In response to a written complaint filed by a reside…

(1) As used in this subchapter:(1) “Commissioner” means the Insurance Commissioner;(2) “Department” means the State Insurance Department;(3) “Entrance fee” means a payment that assures a resident a place in a facility for a term of years or for life;(4) “Facility” means a place w…

(a) In addition to this subchapter, a life care provider is subject to the Continuing Care Provider Regulation Act, § 23-93-101 et seq. (b) (1) A life care provider shall not be established, conducted, or maintained in this state without obtaining a license from the Insurance Com…

(a) No license is transferable, and no license issued pursuant to this subchapter has value for sale or exchange as property. (b) No provider or other owning entity shall sell or transfer ownership of the facility or enter into a contract with a third-party provider for managemen…

(1) The State Insurance Department shall issue a license upon its affirmative determination that all of the following requirements have been met:(1) The provider can fulfill its obligation under the life care contract if the resident complies with the terms of the offer;(2) There…

(a) The license of a provider shall remain in effect until revoked after notice and hearing upon written finding of fact by the State Insurance Department that the provider has:(1) Willfully violated any provision of this subchapter, or any rule promulgated under this subchapter;…

(a) (1) An application for a license shall consist of a statement containing the items set forth in this subchapter, together with a filing fee in the amount of four hundred dollars ($400) plus forty dollars ($40.00) per living unit made payable to the Treasurer of State.(2) In t…

(1) The application for a license shall contain the following documents and information:(1) (A) An appointment of an Arkansas resident to serve as the registered agent for the provider shall be filed with the State Insurance Department. Thereafter, the registered agent shall be a…

This subchapter may be cited as the “Risk Retention and Purchasing Groups Act”.

The purpose of this subchapter is to regulate the formation and operation of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the Liability Risk Retention Act of 1986 (“RRA 1986”), to the extent permitted by such law.

(1) As used in this subchapter:(1) “Commissioner” means the Insurance Commissioner of this state or the commissioner, director, or superintendent of insurance in any other state;(2) “Completed operations liability” means liability arising out of the installation, maintenance, or …

(a) (1) To be organized as a risk retention group in this state, the risk retention group must be organized and licensed to write only casualty insurance pursuant to this subchapter and, except as provided elsewhere in this subchapter, must comply with all of the laws, rules, and…

(1) Notice of Operations and Designation of Commissioner as Agent. Risk retention groups chartered and licensed in states other than this state and seeking to do business as a risk retention group in this state must apply for and obtain a certificate of registration from the comm…

(a) No risk retention group shall be required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this state, nor shall any risk retention group, or its insureds or claimants against its insureds, receive any benefit …