Other states are already considering similar reforms, signaling that Arkansas’ approach could become a model for nationwide PBM accountability. However, those reforms could be delayed or derailed pending the outcome of a recently filed lawsuit.
The Pharmaceutical Care Management Association (PCMA), the national PBM trade group, is challenging the law’s constitutionality. The group argues it violates the Commerce Clause by discriminating against out-of-state companies and the Privileges and Immunities Clause by favoring in-state pharmacies. While a final disposition will not be known for quite some time, it would not be surprising for a temporary injunction to be issued to prevent the implementation of the Arkansas law until the case has worked its way through the legal process.
Conclusion
HB 1150 represents a decisive step toward a more transparent and equitable prescription drug system. By separating PBM business interests from pharmacy ownership, Arkansas is prioritizing patients, supporting providers and promoting a healthcare marketplace built on fairness while fighting against vertical integration and monopolistic business models.
Joseph Cantrell, JD, is the director of state affairs and community relations for the ACR.
