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Arkansas Insurance Department · August 6, 2024 · Primary source

Governor Sanders, Arkansas Insurance Department Enforce Arkansas Law Against PBMs

Score 80PRIMARYregulatoryState insurance deptAR

Summary

The Arkansas Insurance Department and Governor Sanders announced penalty notices and hearings against four major PBMs: Caremark, Magellan, Express Scripts, and MedImpact, for alleged violations of Arkansas state law prohibiting payments to pharmacies below the national average drug acquisition cost (NADAC). The enforcement follows a June 28, 2024, department bulletin directing PBMs to cease below-NADAC payments. The department is seeking a $5,000 fine per violation, with Caremark alleged to have committed approximately 217 violations, Magellan 50, and Express Scripts 19, totaling up to $1.47 million in possible penalties, described as the largest pharmaceutical enforcement action in Arkansas history.

What this may mean

PBMs operating in Arkansas face per-payment fines of $5,000 for each transaction below NADAC pricing under the state's PBM licensure and payment statutes. The four named PBMs collectively face up to $1.47 million in potential penalties, with formal hearings pending. The action signals that Arkansas will enforce NADAC-floor requirements across all PBM-pharmacy payment arrangements statewide, not merely issue prospective guidance.

Informational only. Not legal, medical, financial, or other professional advice. Always consult a qualified professional familiar with your specific facts before relying on any item.

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