SB104

Senate Bill 104 amends the Arkansas Pharmacy Benefits Manager (PBM) Licensure Act to increase regulation over PBMs and healthcare payors. The bill explicitly prohibits 'unfair and deceptive trade practices,' such as steering enrollees toward PBM-affiliated pharmacies or forcing the use of specific pharmacies without consent. It establishes requirements for transparency, including the protection of patient data and the disclosure of network options. The bill prohibits the use of 'ghost networks'—networks that list unavailable providers—and 'carve-out networks' that limit patient access to medication through restricted, affiliate-only channels. It mandates that PBM networks must include accessible in-state, in-person pharmacy options and maintain accurate provider directories. Furthermore, the bill grants the Insurance Commissioner enforcement powers and allows for penalties under the state's Deceptive Trade Practices Act. It also declares an emergency to ensure these consumer protections take effect immediately.