To Amend The Law Concerning Maximum Allowable Cost Lists Relating To Pharmacy Services.
Summary
SB583 amends Arkansas law governing maximum allowable cost (MAC) lists used in pharmacy reimbursement. The bill clarifies that a pharmacy, pharmacist, or other business providing pharmacy services may bring a private cause of action when a MAC-list-related violation occurs. It expressly ties those claims to remedies available under the Deceptive Trade Practices Act, the Arkansas Pharmacy Benefits Manager Licensure Act, and the Trade Practices Act.
The bill authorizes prevailing plaintiffs to recover attorney’s fees and costs, and it allows statutory damages of $10,000 per violation when a claim is brought under the Trade Practices Act. It also specifies that the new private right of action cannot be used against a government, governmental agency, or governmental official. In practical terms, the measure expands enforcement options for pharmacies and related businesses by giving them a direct civil remedy against violations involving MAC pricing practices.
Impact
SB583 would amend Arkansas Code § 17-92-507 by adding an express private right of action for pharmacies, pharmacists, and pharmacy-service businesses affected by MAC list violations. It broadens the enforcement framework by incorporating remedies from existing consumer-protection and pharmacy-benefit-manager statutes, including compensatory damages, actual financial losses, punitive damages, attorney’s fees, costs, and, in certain cases, statutory damages. The bill primarily affects pharmacies, pharmacists, pharmacy-service businesses, and pharmacy benefit managers, while preserving immunity for government entities and officials from these claims.
Sentiment
The available voting history suggests strong bipartisan support and little visible opposition. The bill passed third reading in the Senate 35-0 and in the House 95-0, indicating broad agreement that pharmacies should have a clearer enforcement mechanism for MAC-list violations. No committee transcript was provided, so there is no recorded debate to suggest significant controversy in the legislative discussion.
Contention
The main policy issue in SB583 is the expansion of private enforcement and damages exposure in pharmacy reimbursement disputes. Supporters appear to favor giving pharmacies and related businesses a direct remedy against unfair or unlawful MAC pricing practices, while the bill’s structure also reflects a limit by excluding actions against government actors. Potential points of contention, though not reflected in the votes, would likely involve the scope of liability for pharmacy benefit managers and the availability of statutory and punitive damages. However, the unanimous votes indicate these concerns did not generate recorded legislative resistance.