everything you want to know (and don't) about arkansas politics

Republican Sponsorship
Healthcare

SB544

To Amend The Arkansas Pharmacy Benefits Manager Licensure Act.

Passed

Last Action (April 18, 2025): Notification that SB544 is now Act 775

Sponsors

AI-Generated Summary

Senate Bill 544 seeks to amend the Arkansas Pharmacy Benefits Manager (PBM) Licensure Act to increase transparency and regulatory oversight of PBMs. The bill defines new terms such as 'opt-out contract' and 'pharmacy benefits manager national contract' to address contracting practices that may disadvantage local pharmacies. It mandates that PBMs provide specific claims data to pharmacies to facilitate informed decision-making during contract negotiations. Additionally, the bill prohibits PBMs from offering 'take it or leave it' contract terms and requires that any national contracts include Arkansas-specific amendments to ensure compliance with state law. It strengthens the Insurance Commissioner's enforcement authority by allowing for license suspension, probation, or bidding prohibitions for non-compliant PBMs. Finally, the bill establishes strict penalties for 'underpayment violations,' requiring PBMs to pay the underpaid amount plus 12% interest per month to the affected pharmacy or pharmacist.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries are independent pharmacies, pharmacists, and pharmacy services administrative organizations operating in Arkansas. These entities benefit from increased transparency in PBM contracting, protection against coercive 'take it or leave it' contract terms, and stronger legal mechanisms to recover underpayments with interest. Patients may also indirectly benefit if increased pharmacy viability results in better access to local pharmacy services, and they are explicitly protected from being charged for PBM-caused underpayment errors.

Who Might Suffer?

Pharmacy benefits managers (PBMs) are the primary entities negatively impacted by this bill, as they will face more stringent regulatory oversight, mandatory disclosure requirements regarding claims data, and increased financial penalties for underpayment violations. PBMs will also face higher administrative costs to create Arkansas-specific contracts and navigate more complex compliance and reporting requirements. Health plans or programs that rely on PBMs to manage their pharmacy networks may also face increased operational costs if those costs are passed down from PBMs in response to these new regulatory burdens.

Vote Records

Third Reading

April 14, 2025
Yea: 96 Nay: 1 NV: 3 Absent: 0 Passed
View individual votes (100)
Legislator Party Chamber Vote
Tracy Steele Democrat House Yea
Fred Allen Democrat House Yea
Lane Jean Republican House Yea
Stephen Meeks Republican House Yea
Mark Perry Democrat House Nay
Jon Eubanks Republican House Yea
Matthew Shepherd Republican House Yea
Jeff Wardlaw Republican House Yea
Bruce Cozart Republican House Yea
David Whitaker Democrat House Yea
Mike Holcomb Republican House Yea
Stephen Magie Democrat House Yea
Mark McElroy Republican House Yea
Richard Womack Republican House Yea
Jack Ladyman Republican House Yea
Robin Lundstrum Republican House Yea
Dwight Tosh Republican House Yea
Rick Beck Republican House Yea
Mary Bentley Republican House Yea
Les Eaves Republican House Yea
Justin Gonzales Republican House Yea
Julie Mayberry Republican House Yea
Ken Ferguson Democrat House Yea
Ron Mcnair Republican House Yea
Marcus Richmond Republican House Yea
Deann Vaught Republican House Yea
Karilyn Brown Republican House Yea
Sonia Eubanks Barker Republican House Yea
Frances Cavenaugh Republican House Yea
Jimmie Gazaway Republican House Yea
Roger Lynch Republican House Yea
John Maddox Republican House Yea
Aaron Pilkington Republican House Yea
Johnny Rye Republican House Yea
Les Warren Republican House Yea
Carlton Wing Republican House Yea
Austin Mccollum Republican House Yea
Carol Dalby Republican House Yea
Steve Hollowell Republican House Yea
Brian Evans Republican House NV
Lee Johnson Republican House Yea
Andrew Collins Democrat House Yea
Stan Berry Republican House Yea
Harlan Breaux Republican House Yea
Cameron Cooper Republican House NV
Nicole Clowney Democrat House Yea
Cindy Crawford Republican House Yea
Denise Garner Democrat House Yea
Tippi McCullough Democrat House Yea
Jay Richardson Democrat House Yea
Jim Wooten Republican House Yea
Denise Ennett Democrat House Yea
Richard McGrew Republican House Yea
Joy Springer Democrat House Yea
Howard Beaty Republican House Yea
Tony Furman Republican House Yea
Kendon Underwood Republican House Yea
David Ray Republican House Yea
John Carr Republican House Yea
Rick McClure Republican House Yea
Keith Brooks Republican House Yea
Ashley Hudson Democrat House Yea
Jon Milligan Republican House Yea
RJ Hawk Republican House Yea
Wade Andrews Republican House Yea
Rebecca Burkes Republican House Yea
Hope Duke Republican House Yea
Zack Gramlich Republican House Yea
Mindy McAlindon Republican House Yea
Matt Duffield Republican House Yea
Stetson Painter Republican House Yea
Steve Unger Republican House Yea
Wayne Long Republican House Yea
Scott Richardson Republican House Yea
Brandon Achor Republican House Yea
Jeremiah Moore Republican House Yea
Joey Carr Republican House Yea
Matt Brown Republican House Yea
Shad Pearce Republican House Yea
Chad Puryear Republican House Yea
Ryan Rose Republican House Yea
Bart Schulz Republican House Yea
Trey Steimel Republican House Yea
Tara Shephard Democrat House NV
Jeremy Wooldridge Republican House Yea
Kendra Moore Republican House Yea
Brit McKenzie Republican House Yea
Steven Walker Republican House Yea
Glenn Barnes Democrat House Yea
Lincoln Barnett Democrat House Yea
Alyssa Brown Republican House Yea
Nick Burkes Republican House Yea
Paul Childress Republican House Yea
James Eaton Republican House Yea
Brad Hall Republican House Yea
Dolly Henley Republican House Yea
Jessie McGruder Democrat House Yea
Jason Nazarenko Republican House Yea
Randy Torres Republican House Yea
Diana Gonzales Worthen Democrat House Yea

Third Reading

April 2, 2025
Yea: 26 Nay: 6 NV: 1 Absent: 2 Passed
View individual votes (35)
Legislator Party Chamber Vote
Jane English Republican Senate Nay
Jonathan Dismang Republican Senate Nay
Greg Leding Democrat Senate Yea
Missy Irvin Republican Senate Yea
Bryan King Republican Senate Yea
Kim Hammer Republican Senate Absent
Stephanie Flowers Democrat Senate Absent
Frederick Love Democrat Senate Yea
Terry Rice Republican Senate Yea
Reginald Murdock Democrat Senate Yea
Gary Stubblefield Republican Senate Yea
Jim Dotson Republican Senate Nay
John Payton Republican Senate Yea
Alan Clark Republican Senate Yea
Ronald Caldwell Republican Senate Yea
Bart Hester Republican Senate Yea
Jimmy Hickey Republican Senate Yea
Dan Sullivan Republican Senate Yea
David Wallace Republican Senate Yea
Blake Johnson Republican Senate Yea
Justin Boyd Republican Senate Yea
Clarke Tucker Democrat Senate Yea
Scott Flippo Republican Senate Nay
Clint Penzo Republican Senate Yea
Mark Johnson Republican Senate Yea
Ricky Hill Republican Senate Nay
Jamie Scott Democrat Senate Yea
Breanne Davis Republican Senate Nay
Ben Gilmore Republican Senate Yea
Joshua Bryant Republican Senate Yea
Matt McKee Republican Senate Yea
Jim Petty Republican Senate Yea
Steve Crowell Republican Senate Yea
Tyler Dees Republican Senate NV
Matt Stone Republican Senate Yea
Read Full Bill on arkleg.state.ar.us