Third party and pharmaceutical manufacturer prohibitions
Arkansas Code § 23-61-108; Arkansas Code § 23-92-606
(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.