Current with changes through the 2021 First Extraordinary Legislative Session
Section 23-92-604 - Third party and pharmaceutical manufacturer - Prohibitions(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 pharmacy participates in 340B drug pricing;(4) Require a pharmacy to reverse, resubmit, or clarify a 340B drug-pricing claim after the initial adjudication unless these actions are in the normal course of pharmacy business and not related to 340B drug pricing;(5) Require a billing modifier to indicate that the drug or claim is a 340B drug-pricing claim unless the drug or claim is being billed to the fee-for-service Arkansas Medicaid Program;(6) Modify a patient's copayment on the basis of a pharmacy's participation in 340B drug pricing;(7) Exclude a pharmacy from a network on the basis of the pharmacy's participation in 340B drug pricing;(8) Establish or set network adequacy requirements based on 340B drug pricing participation by a provider or a pharmacy; or(9) Prohibit an entity authorized to participate in 340B drug pricing or a pharmacy under contract with an entity authorized to participate in 340B drug pricing from participating in the third party's provider network on the basis of participation in 340B drug pricing.(b) A third party that is a pharmacy benefits manager shall not base the drug formulary or drug coverage decisions upon the 340B drug-pricing status of a drug, including price or availability, or whether a dispensing pharmacy participates in 340B drug pricing.(c) A pharmaceutical manufacturer shall not: (1) Prohibit a pharmacy from contracting or participating with an entity authorized to participate in 340B drug pricing by denying access to drugs that are manufactured by the pharmaceutical manufacturer; or(2) Deny or prohibit 340B drug pricing for an Arkansas-based community pharmacy that receives drugs purchased under a 340B drug pricing contract pharmacy arrangement with an entity authorized to participate in 340B drug pricing.Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.