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Senate committee hears bill to bar copay accumulators; sponsor pulls measure for more study

March 30, 2021 | INSURANCE & COMMERCE - SENATE, Senate, Committees, Legislative, Arkansas


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Senate committee hears bill to bar copay accumulators; sponsor pulls measure for more study
Senator Raper introduced House Bill 15‑69 on behalf of Arkansas patients, saying the proposal would prevent insurers and pharmacy benefit managers from treating manufacturer coupons in a way that denies enrollees the coupon's value toward their cost‑sharing obligations. "This is a pro‑consumer bill," Raper said, adding that the measure passed the House and is supported by multiple patient advocacy groups.

During committee questioning, members pressed whether the bill would create a fiscal impact for state programs such as Arkansas Works. Senator Hickey asked if the Department of Finance and Administration (referred to in testimony as "DFNA") had reviewed potential cost implications. Raper replied that he had not been contacted with opposition at earlier stages and offered to have the fiscal office examine the matter.

Leo Houser, representing pharmaceutical manufacturers, testified that manufacturers set coupon values through negotiations and that, at the pharmacy point of sale, coupons typically function like a cash payment or debit toward the patient’s out‑of‑pocket obligation. "It would be treated just as if it were a cash payment or a credit card payment," Houser said.

Derek Smith, speaking for America's Health Insurance Plans (AHIP), opposed the bill. He argued that copay coupons can encourage use of higher‑cost brand medications, shift costs onto other plan members, and that accumulator programs are a market tool to preserve cost control. Smith said federal Medicare and Medicaid rules already prohibit certain coupon arrangements considered kickbacks in those programs.

After extended questioning and testimony, Senator Raper said he would withdraw H.B. 15‑69 from the calendar to collect additional information, including fiscal analysis and stakeholder data, and to answer concerns raised by committee members. No formal vote on the bill was taken; Raper said he intends to return with more facts before the bill moves forward.

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