NOTE: This information was originally published as part of various bulletins issued by AID regarding the COVID-19 Emergency declared by Governor Hutchinson on March 11, 2020.

PBMs AND PRICE GOUGING (Bulletin 7-2020)

Pharmacy Benefit Managers ought to monitor manufacturer and wholesaler pricing to ensure consumers have sufficient access to products during the emergency.

The Department asks Pharmacy Benefit Managers to confirm price increases with the Department when they occur. The Department will then collaborate with the Attorney General to resolve price gouging in this market.

RANDOM AUDITS OF PHARMACISTS SUSPENDED (Bulletin 8-2020)

Recognizing that pharmacists are an important part of the allied health response to mitigate the spread of COVID19 and assist with the treatment and therapy of those testing positive for the virus, the Commissioner believes
random in-person or “desk” audits of pharmacies by pharmacy benefit managers (PBMs) or health carriers is an impediment to the rendering of assistance to our citizens affected by the virus.

Therefore, the Commissioner directs PBMs licensed to do business in Arkansas and all health insurance carriers offering health insurance plans, including short-term limited-duration insurance plans, regulated by the
Department to suspend random audits (including, but not limited to in-person or “desk” audits) of pharmacies during the 60-day period beginning with the date Executive Order 20-03 was issued.

This directive does not apply to cases where fraud is suspected.

CONSUMER SIGNATURE REQUIREMENT SUSPENDED (Bulletin 10-2020)

Recognizing that pharmacists are an important part of the allied health response to mitigate the spread of COVID19 and assist with the treatment and therapy of those testing positive for the virus, and to limit the possible exposure of consumers and pharmacy staff to the COVID-19 virus through the use of shared writing implements or common use of tablet surfaces, the Commissioner determines the requirement that consumers sign for their pharmacist services is an impediment to the rendering of assistance to our citizens affected by the virus.

Therefore, the Commissioner directs PBMs licensed to do business in Arkansas and all health insurance carriers offering health insurance plans, including short-term limited-duration insurance plans, regulated by the  Department to suspend the requirement that pharmacy plan beneficiaries sign for the rendering of pharmacy services during the 60-day period beginning with the date Executive Order 20-03 was issued.

For the purposes of the Bulletin, “pharmacy services” is defined as it is in Ark. Code Ann. § 23-92-503(6).