(b)

1. (1) Pursuant to Arkansas Code § 23-92-508, the Insurance Commissioner may examine the affairs of a PBM for compliance with the requirements of the Arkansas Pharmacy Benefits Manager Licensure Act, Arkansas Code § 23-92-501 et seq., or requirements of this part.
2. (2) In addition, the commissioner may examine the affairs of a healthcare payor subject to the requirements of 23 CAR § 146-106.

(d)

1. (1)

   1. (A) A PBM shall not be regularly examined under the same time periods of insurers as required under Arkansas Code § 23-61-201(a)(2).
   2. (B) However, the commissioner may examine the PBM or healthcare payor, pursuant to this section, at any time in which he or she believes it reasonably necessary to ensure compliance with the Arkansas Pharmacy Benefits Manager Licensure Act or provisions of this part.

2. (2) The commissioner’s examination authorities include authority to examine the books and records of a PBM as necessary to determine the:

   1. (A) Aggregate amount of rebates received by a PBM;
   2. (B) Aggregate amount of rebates distributed by a PBM to an appropriate healthcare payor;
   3. (C) Aggregate amount of rebates passed on to an enrollee of each healthcare payor at the point of sale that reduced the enrollee’s applicable deductible, copayment, coinsurance, or other cost-sharing amount;
   4. (D) Individual and aggregate amount paid by a healthcare payor to a PBM for pharmacist services itemized by pharmacy, product, and goods and services, including other prescription drug or device services; and
   5. (E) Individual and aggregate amount a PBM paid for pharmacist services itemized by pharmacy, products, and goods and services, including other prescription drug or device services.