AID Enforcement of Act 1103 of 2021

[LOGO] [LOGO] Hugh McDonald SECRETARY OF COMMERCE Alan McClain INSURANCE COMMISSIONER, ARKANSAS INSURANCE DEPARTMENT August 28, 2023 BULLETIN NO. 13-2023 TO: ALL INTERESTED ORGANIZATIONS FROM: ARKANSAS INSURANCE DEPARTMENT SUBJECT: AID ENFORCEMENT OF ACT 1103 of 2021 On March 2, 2023, the Arkansas Insurance Commissioner (“Commissioner”) issued an administrative stay in an administrative proceeding, In Re White River Medical Center Complaint vs. Novo Nordisk. The stay was issued pending review of the legality of Act 1103 of 2021 by the Eighth Circuit Court of Appeals in Pharmaceutical Research & Manufacturers of America v. McClain, No. 22-367. In light of the indeterminate time period for full completion of federal appellate review and the immediate need of hospitals to have enforcement of the Act, the lifts the stay, and Commissioner shall proceed with enforcement on of Act 1103 on current and prospective complaints. If you have any questions related to this Bulletin, please contact Booth Rand, General Counsel at AID, at 501-371-2827. ALAN McCLAIN INSURANCE COMMISSIONER STATE OF ARKANSAS 8/28/2023 DATE Arkansas Department of Commerce Arkansas Insurance Department 1 Commerce Way, Suite 102 · Little Rock, AR 72202 INSURANCE.ARKANSAS.GOV