Opinion Number: 2021-082 Requestor:  Payton, John Representative  

Can a pharmacy benefits manager or a pharmaceutical manufacturer be in violation of the Unfair Practices Act due to the insulin rebates received in this state?  Q2) Are insulin rebates offered by pharmaceutical manufacturers "unearned discounts" under A.C.A. 4-75-208(a)?  RESPONSE:  I must respectfully decline to issue an opinion on your questions because of pending litigation, the outcome of which could directly affect the issues you have raised.  It is the long-standing policy of the Attorney General's office, as a member of the executive branch, to decline to issue opinions on matters that are pending before the courts for resolution.