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.
Impact
The passage of SB103 proposes significant changes to the landscape of pharmacy service delivery in Arkansas. It formally recognizes that all licensed pharmacies and pharmacists who agree to acceptable terms must be allowed participation in networks managed by PBMs. This would likely lead to a greater number of pharmacies being able to serve patients, ultimately increasing competition among pharmacy services - this is expected to enhance patient choice and decrease pricing in the long run. Additionally, the provisions that clarify the roles and responsibilities of PBMs could foster a more equitable marketplace in the pharmacy sector.
Summary
Senate Bill 103, titled the Pharmacy Nondiscrimination Act, aims to ensure that pharmacy benefits managers (PBMs) cannot exclude any pharmacy or pharmacist who is willing to accept relevant and reasonable terms of participation. This bill updates and clarifies the state's any willing provider laws, which seek to promote fair access to healthcare by preventing discriminatory practices that could limit patient access to pharmacies. The legislation arises from concerns that practices of PBMs which unjustifiably exclude qualified providers can create barriers for both pharmacies and the consumers relying on their services.
Sentiment
The sentiment toward SB103 has been largely positive among proponents who view the bill as a necessary reform to protect patient access and support local pharmacies. Supporters argue that the legislation will create a more inclusive healthcare environment by ensuring pharmacies are not unfairly excluded from networks, thereby enhancing consumer choice. However, some concerns have been raised regarding the potential implications on PBMs' operational flexibility. Critics fear that increased regulation on PBMs might lead to unintended consequences, impacting the cost structure of pharmacy benefits.
Contention
Notably, the bill's contents sparked discussions regarding the operational dynamics of PBMs and their relationships with pharmacies. While supporters champion the need for increased transparency and non-discrimination, there is a concern among some legislators about how this change may redefine existing PBM contracts and influence negotiations with pharmacies. The emergency clause embedded in the bill indicates an urgency to address these issues swiftly, citing immediate threats to public health and pharmacy service availability as the key justification for the expedited process.
To Exempt The Sale Of Veterinary Drugs And Medicine If Based On A Prescription Of A Licensed Veterinarian From The Licensure Requirements For A Pharmacist And A Pharmacy; And To Declare An Emergency.
To Amend The Law Concerning Maximum Allowable Cost Lists To Define A Similarly Situated Pharmacy, Clarify How A Pharmacy Benefits Manager Provided Its Maximum Allowable Cost List, And Establish A Private Right Of Action.
Adds new sections that set forth conditions for pharmacists to prescribe tobacco cessation drug therapies, including education approved by state board of pharmacy. The cessation therapies to be covered by all health insurance carriers on or after 1/1/26.
Adds new sections that set forth conditions for pharmacists to prescribe tobacco cessation drug therapies, including education approved by state board of pharmacy. The cessation therapies to be covered by all health insurance carriers on or after 1/1/26.