When a healthcare insurer uses a formulary for prescription drugs, the insurer shall include a written procedure whereby covered persons can obtain, without penalty and in a timely fashion, specific drugs and medications not included in the formulary when:
(1) The formulary's equivalent has been ineffective in the treatment of the covered person's disease or condition; or
(2) The formulary's drug causes or is reasonably expected to cause adverse or harmful reactions in the covered person.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Chapter 99 - Healthcare Providers
Subchapter 4 - Arkansas Health Care Consumer Act
§ 23-99-402. Legislative findings and intent
§ 23-99-404. Benefits for mothers and newborns
§ 23-99-406. Obstetrical and gynecological services
§ 23-99-407. “Gag clause” prohibition
§ 23-99-408. Continuity of care
§ 23-99-409. Prescription drug formulary
§ 23-99-410. Grievance procedures
§ 23-99-411. Processing applications of providers
§ 23-99-413. Disclosure requirements
§ 23-99-415. Enforcement and penalties
§ 23-99-416. Application of subchapter
§ 23-99-418. Coverage for autism spectrum disorders required — Definitions