§ 20-76-502 - Definitions. - Arkansas Statutes

20-76-502. Definitions.

As used in this subchapter:

(1) "Average wholesale price" means the wholesale price charged on a specific drug that is assigned by the drug manufacturer and is listed in a nationally recognized drug pricing file;

(2) "Covered drugs" means drugs that are on the Arkansas Rx Program preferred drug list;

(3) "Director" means the Director of the Department of Human Services or his or her designee;

(4) "Labeler" means a person or entity that:

(A) Receives prescription drugs from a manufacturer or wholesaler and repackages those drugs for later retail sale; and

(B) Has a labeler code from the federal Food and Drug Administration under 21 C.F.R. 207.20, as in effect January 1, 2005;

(5) (A) "Participating retail pharmacy" means a participant in the Arkansas Rx Program that is:

(i) A retail pharmacy located in this state; or

(ii) Another business licensed to dispense prescription drugs in this state.

(B) "Participating retail pharmacy" does not mean a mail-order pharmacy;

(6) "Preferred drug list" means a list of:

(A) Drugs listed as preferred drugs by the Arkansas Medicaid Evidence-Based Preferred Prescription Drug Program for which a rebate is in effect under the Arkansas Rx Program; and

(B) Drugs that are within pharmaceutical classifications having no listed preferred drug under the Arkansas Medicaid Evidence-Based Preferred Prescription Drug Program for which a rebate is in effect under the Arkansas Rx Program; and

(7) "Qualified resident" means a resident of the state who:

(A) Is not otherwise enrolled in or covered by any prescription drug benefit or insurance plan, including Medicaid and Medicare Part D;

(B) Is enrolled in the program; and

(C) (i) Is sixty-five (65) years of age or older; or

(ii) Has a family income equal to or less than three hundred fifty percent (350%) of the federal poverty level.