Maximum Allowable Cost Law – ARKANSAS
ARKANSAS SUMMARY OF EXISTING LAW
The state has a MAC appeals process such as requiring a reasonable administrative appeal process to allow pharmacies to challenge MAC and reimbursements made under a MAC for a specific drug or drugs (including if the drug is reimbursed below cost) and the next steps if the appeal is upheld or denied. The pharmacy has 7 days to file an appeal and the PBM has 7 days to respond to an appeal.
Link to Existing Law: Ark. Code Ann. § 17-92-507
PRACTICAL NOTE FOR EXISTING LAW
This is a strong MAC appeal law, because it allows for appeal in the event a drug is reimbursed below cost. Moreover, the law was previously challenged by PCMA and the SCOTUS held on 12/10/2020 that the law was not preempted under ERISA. Thus, this law remains a strong law that Arkansas pharmacies should utilize.