{"data":{"id":"us-ar/ark.-code-ann.-23-92-603","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 23-92-603","heading":"Third-party requirements","body":"A third party shall: (1) Inform a patient that the patient is not required to use a mail-order pharmacy; (2) Obtain a signed waiver from a patient before allowing the use of a mail-order pharmacy; (3) Make drug formulary and coverage decisions based on the third party's normal course of business; (4) Allow a patient the freedom to use any pharmacy or any provider the patient chooses, whether or not the pharmacy participates in 340B drug pricing; and (5) Eliminate discriminatory contracting as it relates to: (A) Transferring the benefit of 340B drug-pricing savings from one (1) entity, including critical access hospitals, federally qualified health centers, other hospitals, or 340B drug-pricing participants and their underserved patients, to another entity, including without limitation pharmacy benefits managers, private insurers, and managed care organizations; (B) Pricing that occurs when offering a lower reimbursement for a drug purchased under 340B drug pricing than for the same drug not purchased under 340B drug pricing; (C) Refusal to cover drugs purchased under 340B drug pricing; (D) Refusal to allow 340B drug-pricing pharmacies to participate in networks; and (E) Charging more than fair market value or seeking profit sharing in exchange for services involving 340B drug pricing. Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.\n\nA third party shall:\n\n(1) Inform a patient that the patient is not required to use a mail-order pharmacy;\n\n(2) Obtain a signed waiver from a patient before allowing the use of a mail-order pharmacy;\n\n(3) Make drug formulary and coverage decisions based on the third party's normal course of business;\n\n(4) Allow a patient the freedom to use any pharmacy or any provider the patient chooses, whether or not the pharmacy participates in 340B drug pricing; and\n\n(5) Eliminate discriminatory contracting as it relates to: (A) Transferring the benefit of 340B drug-pricing savings from one (1) entity, including critical access hospitals, federally qualified health centers, other hospitals, or 340B drug-pricing participants and their underserved patients, to another entity, including without limitation pharmacy benefits managers, private insurers, and managed care organizations; (B) Pricing that occurs when offering a lower reimbursement for a drug purchased under 340B drug pricing than for the same drug not purchased under 340B drug pricing; (C) Refusal to cover drugs purchased under 340B drug pricing; (D) Refusal to allow 340B drug-pricing pharmacies to participate in networks; and (E) Charging more than fair market value or seeking profit sharing in exchange for services involving 340B drug pricing.\n\n(A) Transferring the benefit of 340B drug-pricing savings from one (1) entity, including critical access hospitals, federally qualified health centers, other hospitals, or 340B drug-pricing participants and their underserved patients, to another entity, including without limitation pharmacy benefits managers, private insurers, and managed care organizations;\n\n(B) Pricing that occurs when offering a lower reimbursement for a drug purchased under 340B drug pricing than for the same drug not purchased under 340B drug pricing;\n\n(C) Refusal to cover drugs purchased under 340B drug pricing;\n\n(D) Refusal to allow 340B drug-pricing pharmacies to participate in networks; and\n\n(E) Charging more than fair market value or seeking profit sharing in exchange for services involving 340B drug pricing.","path":["AR Code","Title 23","Chapter 92","Subchapter 6"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"11f7262752dc91ace5fed7ed403967947068fd16d2046f5b6c35abc732db4c44","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-23-92-602","next":"us-ar/ark.-code-ann.-23-92-604"},"notice":"GroundRules: Original legal text. Not legal advice."}