§ 20-76-504 - Rebate agreement. - Arkansas Statutes

20-76-504. Rebate agreement.

(a) Every drug manufacturer or labeler that sells prescription drugs in this state through any publicly supported pharmaceutical assistance program shall enter into a rebate agreement with the Department of Human Services for participation in the Arkansas Rx Program.

(b) The rebate agreement shall require the manufacturer or labeler to make rebate payments to the state each calendar quarter or according to a schedule established by the department.

(c) (1) A penalty of ten percent (10%) of the total rebate amount shall be assessed for any rebate not paid by the manufacturer or labeler in accordance with subsection (b) of this section or pursuant to terms established by the Director of the Department of Human Services.

(2) An additional penalty of five percent (5%) of the total delinquent amount shall be assessed each quarter that delinquent rebates remain unpaid to the state.

(d) The director or his or her designee may file suit in Pulaski County Circuit Court to enforce rebate agreements and to collect delinquent rebates and penalties.