§ 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) (1) 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. (2) (A) The commissioner shall adopt rules relating to a pharmacy benefits manager's network adequacy. (B) The rules described in subdivision (b)(2)(A) of this section shall require that an individual covered by a health benefit plan have access to a community pharmacy at a standard no less strict than the federal standards established under Tricare or Medicare Part D, 42 U.S.C. §§ 1395w-101 - 1395w-154 , as it existed on January 1, 2021, if that standard requires, on average: (i) At least ninety percent (90%) of individuals covered by a health benefit plan in an urban area served by the health benefit plan to live within two (2) miles of a network pharmacy that is a retail community pharmacy; (ii) At least ninety percent (90%) of individuals covered by a health benefit plan in suburban areas served by the health benefit plan to live within five (5) miles of a network pharmacy that is a retail community pharmacy; and (iii) At least seventy percent (70%) of individuals covered by a health benefit plan in a rural area served by the health benefit plan to live within fifteen (15) miles of a network pharmacy that is a retail community pharmacy. (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.

Legislative History

Amended by Act 2021, No. 665,§ 7, eff. 7/28/2021. Added by Act 2018EX2, No. 1,§ 1, eff. 3/15/2018. Added by Act 2018EX2, No. 3,§ 1, eff. 3/19/2018.