How PBMs Legally Challenged Arkansas’ Pharmacy Ownership Law | NCPA 2025

Highlighting further complexities in regulating pharmacy benefit managers (PBMs) and their practices, the recent blocking of Arkansas Act 624 over the summer portrays many legislators’ and independent pharmacy advocates’ failures to see PBM reform through to fruition.¹

“In this case, the primary challenge is on the Commerce Clause,” Lucas Morgan, Esq, shareholder with Buchanan Ingersoll & Rooney, told Drug Topics at the National Community Pharmacists Association (NCPA) 2025 Annual Convention & Expo. “[It’s] looking at unfair or discriminatory treatment of certain types of pharmacies; in this case, non-resident, out-of-state–based pharmacies owned by these large companies like CVS Health, Express Scripts, and Optum Rx and how they're being treated versus in-state and independent pharmacies.”

In April earlier this year, Arkansas Governor Sarah Huckabee Sanders signed into law Arkansas Act 624, which forced permits for PBM-affiliated pharmacies to either be revoked or not renewed in the future.² However, CVS Health and Express Scripts filed lawsuits to overturn the statute in May,³ and then, a federal court decided to block the law, enforcing a temporary injunction until the issue is resolved.¹

Amid these ongoing developments, Drug Topics wanted to better understand what these actions may mean for future state-level PBM reform and how it could all impact federal-level reform. Meeting with Morgan and his colleague, Dae Lee, PharmD, Esq, CPBS, also a shareholder with Buchanan Ingersoll & Rooney, we explored specific PBM practices and how some states are tackling them head-on for the betterment of the community pharmacy industry.

Learn about the current progression of Arkansas’ pharmacy ownership law and PBM regulation and understand just how this may be resolved entering a new year with midterm election campaigns beginning to kick off.

Read more of our coverage from NCPA 2025.

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REFERENCES

1. Carnegie TC, Hawkins S. Federal court blocks Arkansas PBM ownership law, citing constitutional violations. Mintz. August 6, 2025. Accessed October 28, 2025. https://www.mintz.com/insights-center/viewpoints/2146/2025-08-06-federal-court-blocks-arkansas-pbm-ownership-law-citing

2. Nowosielski B. As a result of PBM reform, CVS will close over 20 pharmacies in Arkansas. Drug Topics. April 22, 2025. Accessed October 28, 2025. https://www.drugtopics.com/view/as-a-result-of-pbm-reform-cvs-will-close-over-20-pharmacies-in-arkansas

3. Nowosielski B. CVS, Express Scripts sue to overturn Arkansas law banning PBMs from owning pharmacies. Drug Topics. May 30, 2025. Accessed October 28, 2025. https://www.drugtopics.com/view/cvs-express-scripts-sue-to-overturn-arkansas-law-banning-pbms-from-owning-pharmacies