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23-92-509. Rules.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-92-509. Rules.
(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) Application fees;
(C) Financial solvency requirements;
(D) Pharmacy benefits manager network adequacy;
(E) Prohibited market conduct practices;
(F) Data reporting requirements under § 4-88-803;
(G) Compliance and enforcement requirements under § 17-92-507 concerning Maximum Allowable Cost Lists;
(H) Rebates;
(I) Compensation; and
(J) Lists of health benefit plans administered by a pharmacy benefits manager in this state.
(b) Rules adopted under this subchapter shall set penalties or fines, including without limitation monetary fines, suspension of licensure, and revocation of licensure for violations of this subchapter and rules adopted under this subchapter.
(c)(1) In addition to the filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and under § 10-3-309, the State Insurance Department shall file a proposed rule or a proposed amendment to an existing rule under this subchapter with the Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce at least thirty (30) days before the expiration of the period for public comment under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(2) The Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce shall review the proposed rule or proposed amendment to an existing rule within forty-five (45) days of the date the proposed rule or proposed amendment to an existing rule is filed with the Senate Commit
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-92-509
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-92-509
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: c797eaace727b5ea750c2572784009780f5dfdc059879b2130cec2aef39d4a15
Source location: content.xml paragraph 56280
Stored source content
23-92-509. Rules.
(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) Application fees;
(C) Financial solvency requirements;
(D) Pharmacy benefits manager network adequacy;
(E) Prohibited market conduct practices;
(F) Data reporting requirements under § 4-88-803;
(G) Compliance and enforcement requirements under § 17-92-507 concerning Maximum Allowable Cost Lists;
(H) Rebates;
(I) Compensation; and
(J) Lists of health benefit plans administered by a pharmacy benefits manager in this state.
(b) Rules adopted under this subchapter shall set penalties or fines, including without limitation monetary fines, suspension of licensure, and revocation of licensure for violations of this subchapter and rules adopted under this subchapter.
(c)(1) In addition to the filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and under § 10-3-309, the State Insurance Department shall file a proposed rule or a proposed amendment to an existing rule under this subchapter with the Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce at least thirty (30) days before the expiration of the period for public comment under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(2) The Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce shall review the proposed rule or proposed amendment to an existing rule within forty-five (45) days of the date the proposed rule or proposed amendment to an existing rule is filed with the Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce.
(3)(A) If the department adopts an emergency rule under this subchapter, in addition to the filing requirements under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and under § 10-3-309, the department shall notify the following individuals of the emergency rule and provide each individual with a copy of the rule within five (5) business days of adopting the rule:
(i) The Speaker of the House of Representatives;
(ii) The President Pro Tempore of the Senate;
(iii) The Chair of the Senate Committee on Insurance and Commerce; and
(iv) The Chair of the House Committee on Insurance and Commerce.
(B) The Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce shall review the emergency rule within forty-five (45) days of the date that the emergency rule is provided to the Chair of the Senate Committee on Insurance and Commerce and the Chair of the House Committee on Insurance and Commerce.
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Arkansas Code — all titles (historical 2020) · legal_authorities
10-3-309. Review and approval of state agency rules — Definitions.
(a)(1)(A) In the passage of this section, the General Assembly is aware of the significant number of laws which have been enacted granting to boards, commissions, departments, and administrative agencies of state government the authority to promulgate and enforce rules.
(B) The General Assembly is further aware that ample safeguards have not been established whereby the General Assembly may be informed of circumstances in which administrative rules do not conform to legislative intent.
(2) It is the purpose of this section to establish a method for continuing legislative review and approval of such rules to correct abuses of rulemaking authority or clarify legislative intent with respect to the rulemaking authority granted the administrative boards, commissions, departments, or agencies.
(b) As used in this section:
(1)(A) “Rule” means a state agency statement of general applicability and future effect that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice of a state agency and includes without limitation the amendment or repeal of a prior rule.
(B) “Rule” does not mean:
(i) A statement that concerns the internal management of a state agency and that does not affect the private rights or procedures available to the public;
(ii) A declaratory order or ruling issued under § 25-15-206 or other provision of law applicable to the state agency issuing the declaratory order or ruling;
(iii) Intraagency memoranda; or
(iv) A medical code within the Arkansas Medicaid Program that is issued by the Centers for Medicare and Medicaid Services, including without limitation:
(a) Current Procedural Terminology codes;
(b) Healthcare Common Pro
Source: Arkansas Code — historical release 78 (November 6, 2020) · 10-3-309
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 10-3-309. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-92-507. Maximum Allowable Cost Lists — Definitions.
(a) As used in this section:
(1)(A) “Maximum Allowable Cost List” means a listing of drugs or other methodology used by a pharmacy benefits manager, directly or indirectly, setting the maximum allowable payment to a pharmacy or pharmacist for a generic drug, brand-name drug, biologic product, or other prescription drug.
(B) “Maximum Allowable Cost List” includes without limitation:
(i) Average acquisition cost, including national average drug acquisition cost;
(ii) Average manufacturer price;
(iii) Average wholesale price;
(iv) Brand effective rate or generic effective rate;
(v) Discount indexing;
(vi) Federal upper limits;
(vii) Wholesale acquisition cost; and
(viii) Any other term that a pharmacy benefits manager or a healthcare insurer may use to establish reimbursement rates to a pharmacist or pharmacy for pharmacist services;
(2) “Pharmaceutical wholesaler” means a person or entity that sells and distributes prescription pharmaceutical products, including without limitation a full line of brand-name, generic, and over-the-counter pharmaceuticals, and that offers regular and private delivery to a pharmacy;
(3) “Pharmacist” means a licensed pharmacist as defined in § 17-92-101;
(4) “Pharmacist services” means products, goods, and services, or any combination of products, goods, and services, provided as a part of the practice of pharmacy as defined in § 17-92-101;
(5) “Pharmacy” means the same as in § 17-92-101;
(6) “Pharmacy acquisition cost” means the amount that a pharmaceutical wholesaler charges for a pharmaceutical product as listed on the pharmacy's billing invoice;
(7) “Pharmacy benefits manager” means an entity that administers or manages a pharmacy benefits plan or prog
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-92-507
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-92-507. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 25-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-88-803. Required practices.
(a) A PBM, when seeking payment or reimbursement for pharmacist services provided in connection with a pharmacy benefits plan or program or reporting expenditures for pharmacist services provided in connection with a pharmacy benefits plan or program, shall itemize by individual claim:
(1) The amount actually paid or to be paid to the pharmacy or pharmacist for the pharmacist services;
(2) The identity of the pharmacy or pharmacist actually paid or to be paid; and
(3) The prescription number or other identifier of the pharmacist services.
(b) A PBM shall pay the amounts it receives for pharmacist services provided in connection with a pharmacy benefits plan or program to the pharmacies or pharmacists that provided the pharmacist services.
(c) This section does not:
(1) Require a PBM to set specific fees, rates, or schedules for payment for pharmacist services;
(2) Prohibit a PBM from charging for any services in addition to pharmacist services; or
(3) Require a PBM to pay a pharmacy or pharmacist more on any claim than the amount disclosed under subdivision (a)(1) of this section.
(d)(1) Unless otherwise required more frequently by the Insurance Commissioner, a pharmacy benefits manager shall file an annual report with the commissioner providing the information required under subsection (a) of this section pursuant to the timing, format, and requirements issued by rule of the State Insurance Department.
(2) The annual report is:
(A) Considered proprietary and confidential under § 23-61-107(a)(4) and § 23-61-207; and
(B) Not subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.
(3) This section is not subject to § 4-88-113(f)(1)(B).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-88-803
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-88-803. This identifies an authority to review, not proof of applicability.