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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 1030 By: Howard
AS INTRODUCED
An Act relating to prescription drug pricing;
creating the 340B Drug Pricing Nondiscrimination Act;
providing short title; defining terms; prohibiting
certain reimbursement rates; prohibiting certain
terms or conditions on a 340B entity; prohibiting
certain interference on certain patient choice;
prohibiting certain provisions in certain contracts;
requiring submission of certain cost data; providing
certain exceptions; prohibiting manufacturers or
distributors from limiting certain drug actions;
prohibiting certain contracts; providing for
promulgation of rules; establishing certain fines or
fees; providing certain exceptions; amending 36 O.S.
2021, Sections 6960 and 6962, as last amended by
Sections 1 and 2, Chapter 306, O.S.L. 2024 (36 O.S.
Supp. 2024, Sections 6960 and 6962), which relate to
definitions and compliance review; defining terms;
prohibiting certain provider requirements;
prohibiting certain billing modifier; prohibiting
certain modifications; prohibiting certain provider
exclusions; prohibiting participation in certain
networks; prohibiting basing certain decisions on
certain drug pricing; eliminating certain
contracting; amending Section 3, Chapter 38, O.S.L.
2022, as last amended by Section 4, Chapter 306,
O.S.L. 2024 (36 O.S. Supp. 2024, Section 6966.1),
which relates to violations; establishing certain
finality of certain claims; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5400 of Title 36, unless there
is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “340B Drug
Pricing Nondiscrimination Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5401 of Title 36, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. “340B drug” means a drug that has been subject to any
reduced purchase price by a manufacturer pursuant to Section 256b of
Title 42 of the United States Code and is purchased by a covered
entity as defined in Section 256b(a)(4) of Title 42 of the United
States Code;
2. “340B entity” means an entity participating or authorized to
participate in the federal 340B drug pricing program, as described
in Section 256b of Title 42 of the United States Code, including its
pharmacy, or any pharmacy contracted with the participating entity
to dispense drugs purchased through the 340B drug pricing program;
3. “Distributor” means a person other than a manufacturer, a
manufacturer’s co-licensed partner, a third-party logistics
provider, or repackager engaged in wholesale distribution as defined
by Section 353(e)(4) of Title 21 of the United States Code as
amended by the Drug Supply Chain Security Act;
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4. “Manufacturer” means:
a. a person that holds an application approved under
Section 355 of Title 21 of the United States Code or a
license issued under Section 262 of Title 42 of the
United States Code for such product, or if such
product is not the subject of an approved application
or license, the person who manufactured the product,
b. a co-licensed partner of the person described in
subparagraph a of this paragraph that obtains the
product directly from a person described in this
subparagraph or subparagraph a of this paragraph,
c. an affiliate of a person described in subparagraph a
or b of this paragraph who receives the product
directly from a person described in this subparagraph
or in subparagraph a or b of this paragraph, or
d. a person who contracts with another to manufacture a
product;
5. “Pharmacy” means a pharmacy licensed by the State Board of
Pharmacy, provided patients who receive pharmacy care shall be
physically located in the state; and
6. “Pharmacy benefits manager” means a person that performs
pharmacy benefits management and any other person acting for such
person under a contractual or employment relationship in the
performance of pharmacy benefits management for a managed care
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company, nonprofit hospital, medical service organization, insurance
company, third-party payor, or a health program administered by a
department of this state.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5402 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. With respect to reimbursement to a 340B entity for 340B
drugs, a health insurance issuer, pharmacy benefits manager, other
third-party payor, or its agent shall not:
1. Reimburse a 340B entity for 340B drugs at a rate lower than
that paid for the same drug to entities that are not 340B entities
or lower reimbursement for a claim on the basis that the claim is
for a 340B drug;
2. Impose any terms or conditions on any 340B entity with
respect to any of the following that differ from such terms or
conditions applied to non-340B entities on the basis that the entity
participates in the federal 340B drug pricing program set forth in
Section 256b of Title 42 of the United States Code or that a drug is
a 340B drug. Such terms and conditions shall include, but not be
limited to, any of the following:
a. fees, charges, clawbacks, or other adjustments or
assessments. For purposes of this subparagraph, the
term “other adjustments” includes placing any
additional requirements, restrictions, or unnecessary
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burdens upon the 340B entity that result in
administrative costs or fees to the 340B entity that
are not placed upon other entities that do not
participate in the 340B drug pricing program,
including affiliate pharmacies of the health insurance
issuer, pharmacy benefits manager, or other third-
party payor,
b. dispensing fees that are less than the dispensing fees
for non-340B entities,
c. restrictions or requirements regarding participation
in standard or preferred pharmacy networks,
d. requirements relating to the frequency or scope of
audits of inventory management systems,
e. requirements that a claim for a drug include any
identification, billing modifier, attestation, or
other indication that a drug is a 340B drug in order
to be processed or resubmitted unless it is required
by the Centers for Medicare and Medicaid Services or
the Oklahoma Health Care Authority for the
administration of the Oklahoma Medicaid program, or
f. any other restrictions, conditions, practices, or
policies that are not imposed on non-340B entities;
3. Require a 340B entity to reverse, resubmit, or clarify a
claim after the initial adjudication unless these actions are in the
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normal course of pharmacy business and not related to 340B drug
pricing;
4. Discriminate against a 340B entity in a manner that prevents
or interferes with any patient’s choice to receive such drugs from
the 340B entity, including the administration of such drugs. For
purposes of this subsection, it is considered a discriminatory
practice that prevents or interferes with a patient’s choice to
receive drugs at a 340B entity if a health insurance issuer,
pharmacy benefits manager, or other third-party payor places any
additional requirements, restrictions, or unnecessary burdens upon
the 340B entity including, but not limited to, requiring a claim for
a drug to include any identification, billing modifier, attestation,
or other indication that a drug is a 340B drug in order to be
processed or resubmitted unless it is required by the Centers for
Medicare and Medicaid Services or the Oklahoma Health Care Authority
in administration of the Oklahoma Medicaid program;
5. Include any other provision in a contract between a health
insurance issuer, pharmacy benefits manager, or other third-party
payor and a 340B entity that discriminates against the 340B entity
or prevents or interferes with an individual’s choice to receive a
prescription drug from 340B entity, including the administration of
the drug, in person or via direct delivery, mail, or other form of
shipment, or creation of a restriction or additional charge on a
patient who chooses to receive drugs from a 340B entity;
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6. Require or compel the submission of ingredient costs or
pricing data pertaining to 340B drugs to any health insurance
issuer, pharmacy benefits manager, or other third-party payor; or
7. Exclude any 340B entity from the health insurance issuer,
pharmacy benefits manager, or other third-party payor network on the
basis that the 340B entity dispenses drugs subject to an agreement
under Section 256b of Title 42 of the United State Code, or refuse
to contract with a 340B entity for reasons other than those that
apply equally to non-340B entities.
B. Nothing in this section applies to the Oklahoma Medicaid
program as payor when Medicaid provides reimbursement for covered
outpatient drugs as defined in Section 1396r-8(k) of Title 42 of the
United States Code.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5403 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A manufacturer or distributor shall not:
1. Deny, prohibit, condition, discriminate against, refuse, or
withhold 340B drug pricing for, or otherwise limit the dispensing,
purchase, ordering, delivery, or receipt of, a drug purchased to be
dispensed or administered under a contract pharmacy agreement; or
2. Prohibit a pharmacy from contracting or participating with a
340B entity by denying 340B pricing on, or the pharmacy’s access to,
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a drug that is manufactured by a manufacturer based on a pharmacy’s
relationship with a 340B entity.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5404 of Title 36, unless there
is created a duplication in numbering, reads as follows:
The Attorney General may promulgate rules to effectuate the
provisions of this act and shall make recommendations to the
Insurance Commissioner for enforcement within the jurisdiction of
the Insurance Commissioner. In addition to or in lieu of any
applicable censure, suspension, or revocation of a license, a
manufacturer, distributor, health insurance issuer, pharmacy
benefits manager, other third-party payor, or its agent may be
subject to a civil fine not less than One Hundred Dollars ($100.00)
and not greater than Ten Thousand Dollars ($10,000.00) for each
violation of the provisions of this act. A violation occurs each
time a prohibited act is committed.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 5405 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. Nothing in this act shall be construed to be less
restrictive than federal law for a person or entity regulated by
this act.
B. Nothing in this act shall be construed to be in conflict
with applicable federal law and regulations or Oklahoma Statutes.
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C. Limited distribution of a drug required under Section 355-1
of Title 21 of the United States Code shall not be construed as a
violation of this act.
SECTION 7. AMENDATORY 36 O.S. 2021, Section 6960, as
last amended by Section 1, Chapter 306, O.S.L. 2024 (36 O.S. Supp.
2024, Section 6960), is amended to read as follows:
Section 6960. A. For purposes of the Patient’s Right to
Pharmacy Choice Act:
1. “Covered entity” means a nonprofit hospital or medical
service organization, for-profit hospital or medical service
organization, insurer, health benefit plan, health maintenance
organization, health program administered by the state in the
capacity of providing health coverage, or an employer, labor union,
or other group of persons that provides health coverage to persons
in this state. This term does not include a health plan that
provides coverage only for accidental injury, specified disease,
hospital indemnity, disability income, or other limited benefit
health insurance policies and contracts that do not include
prescription drug coverage;
2. “Health insurer” means any corporation, association, benefit
society, exchange, partnership or individual licensed by the
Oklahoma Insurance Code;
3. “Health insurer payor” means a health insurance company,
health maintenance organization, union, hospital and medical
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services organization or any entity providing or administering a
self-funded health benefit plan;
4. “Mail-order pharmacy” means a pharmacy licensed by this
state that primarily dispenses and delivers covered drugs via common
carrier;
5. “Pharmacy benefits manager” or “PBM” means a person,
business, or other entity that performs pharmacy benefits
management. The term shall include a person or entity acting on
behalf of a PBM in a contractual or employment relationship in the
performance of pharmacy benefits management for a managed care
company, nonprofit hospital, medical service organization, insurance
company, third-party payor or a health program administered by a
department of this state;
6. “Pharmacy benefits management” means a service provided to
covered entities to facilitate the provisions of prescription drug
benefits to covered individuals within the state, including, but not
limited to, negotiating pricing and other terms with drug
manufacturers and providers. Pharmacy benefits management may
include any or all of the following services:
a. claims processing, retail network management, and
payment of claims to pharmacies for prescription drugs
dispensed to covered individuals,
b. administration or management of pharmacy discount
cards or programs,
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c. clinical formulary development and management
services, or
d. rebate contracting and administration;
7. “Provider” means a pharmacy, as defined in Section 353.1 of
Title 59 of the Oklahoma Statutes or an agent or representative of a
pharmacy;
8. “Retail pharmacy network” means retail pharmacy providers
contracted with a PBM in which the pharmacy primarily fills and
sells prescriptions via a retail, storefront location;
9. “Rural service area” means a five-digit ZIP code in which
the population density is less than one thousand (1,000) individuals
per square mile;
10. “Spread pricing” means a prescription drug pricing model
utilized by a pharmacy benefits manager in which the PBM charges a
health benefit plan a contracted price for prescription drugs that
differs from the amount the PBM directly or indirectly pays the
pharmacy or pharmacist for providing pharmacy services;
11. “Suburban service area” means a five-digit ZIP code in
which the population density is between one thousand (1,000) and
three thousand (3,000) individuals per square mile; and
12. “Urban service area” means a five-digit ZIP code in which
the population density is greater than three thousand (3,000)
individuals per square mile;
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13. “340B drug” means a drug that has been subject to any
reduced purchase price by a manufacturer pursuant to Section 256b of
Title 42 of the United States Code and is purchased by a covered
entity as defined in Section 256b(a)(4) of Title 42 of the United
States Code; and
14. “340B entity” means an entity participating or authorized
to participate in the federal 340B drug pricing program, as
described in Section 256b of Title 42 of the United States Code,
including its pharmacy, or any pharmacy contracted with the
participating entity to dispense drugs purchased through the 340B
drug pricing program.
B. Nothing in the definitions of pharmacy benefits manager or
pharmacy benefits management as such terms are defined in the
Patient’s Right to Pharmacy Choice Act, the Pharmacy Audit Integrity
Act, or Sections 357 through 360 of Title 59 of the Oklahoma
Statutes shall be construed to deem the following entities to be a
pharmacy benefits manager:
1. An employer of its own self-funded health benefit plan,
except, to the extent permitted by applicable law, where the
employer without the utilization of a third party and unrelated to
the employer’s own pharmacy:
a. negotiates directly with drug manufacturers,
b. processes claims on behalf of its members, or
c. manages its own retail network of pharmacies; or
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2. A pharmacy that provides a patient with a discount card or
program that is for exclusive use at the pharmacy offering the
discount.
SECTION 8. AMENDATORY 36 O.S. 2021, Section 6962, as
last amended by Section 2, Chapter 306, O.S.L. 2024 (36 O.S. Supp.
2024, Section 6962), is amended to read as follows:
Section 6962. A. The Attorney General shall review and approve
retail pharmacy network access for all pharmacy benefits managers
(PBMs) to ensure compliance with Section 6961 of this title.
B. A PBM, or an agent of a PBM, shall not:
1. Cause or knowingly permit the use of advertisement,
promotion, solicitation, representation, proposal or offer that is
untrue, deceptive or misleading;
2. Charge a pharmacist or pharmacy a fee related to the
adjudication of a claim including without limitation a fee for:
a. the submission of a claim,
b. enrollment or participation in a retail pharmacy
network, or
c. the development or management of claims processing
services or claims payment services related to
participation in a retail pharmacy network;
3. Reimburse a pharmacy or pharmacist in the state an amount
less than the amount that the PBM reimburses a pharmacy owned by or
under common ownership with a PBM for providing the same covered
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services. The reimbursement amount paid to the pharmacy shall be
equal to the reimbursement amount calculated on a per-unit basis
using the same generic product identifier or generic code number
paid to the PBM-owned or PBM-affiliated pharmacy;
4. Deny a provider the opportunity to participate in any
pharmacy network at preferred participation status if the provider
is willing to accept the terms and conditions that the PBM has
established for other providers as a condition of preferred network
participation status;
5. Deny, limit or terminate a provider’s contract based on
employment status of any employee who has an active license to
dispense, despite probation status, with the State Board of
Pharmacy;
6. Retroactively deny or reduce reimbursement for a covered
service claim after returning a paid claim response as part of the
adjudication of the claim, unless:
a. the original claim was submitted fraudulently, or
b. to correct errors identified in an audit, so long as
the audit was conducted in compliance with Sections
356.2 and 356.3 of Title 59 of the Oklahoma Statutes;
7. Fail to make any payment due to a pharmacy or pharmacist for
covered services properly rendered in the event a PBM terminates a
provider from a pharmacy benefits manager network;
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8. Conduct or practice spread pricing, as defined in Section
6960 of this title, in this state; or
9. Charge a pharmacist or pharmacy a fee related to
participation in a retail pharmacy network including but not limited
to the following:
a. an application fee,
b. an enrollment or participation fee,
c. a credentialing or re-credentialing fee,
d. a change of ownership fee, or
e. a fee for the development or management of claims
processing services or claims payment services;
10. Discriminate, offer lower reimbursement, or impose any
separate terms upon a provider on the basis that a provider
participates in 340B drug pricing;
11. Require a provider to reverse, resubmit, or clarify a 340B
drug pricing claim after the initial adjudication unless these
actions are in normal course of pharmacy business and not related to
340B drug pricing;
12. Require a billing modifier to indicate that the drug or
claim is a 340B drug pricing claim, unless the drug or claim is
being billed to the Oklahoma Medicaid program;
13. Modify a patient copayment on the basis that the provider
of the patient participates in 340B drug pricing;
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14. Exclude a provider from a network on the basis that the
provider participates in 340B drug pricing;
15. Establish or set network adequacy requirements based on
340B drug pricing participation by a provider;
16. Prohibit a 340B entity or a pharmacy under contract with a
340B entity from participating in the network of the PBM on the
basis of participation in 340B drug pricing; or
17. Base the drug formulary or drug coverage decisions upon the
340B drug pricing status of a drug, including price or availability,
or whether a dispensing pharmacy participates in 340B drug pricing.
C. The prohibitions under this section shall apply to contracts
between pharmacy benefits managers and providers for participation
in retail pharmacy networks.
1. A PBM contract shall:
a. not restrict, directly or indirectly, any pharmacy
that dispenses a prescription drug from informing, or
penalize such pharmacy for informing, an individual of
any differential between the individual’s out-of-
pocket cost or coverage with respect to acquisition of
the drug and the amount an individual would pay to
purchase the drug directly, and
b. ensure that any entity that provides pharmacy benefits
management services under a contract with any such
health plan or health insurance coverage does not,
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with respect to such plan or coverage, restrict,
directly or indirectly, a pharmacy that dispenses a
prescription drug from informing, or penalize such
pharmacy for informing, a covered individual of any
differential between the individual’s out-of-pocket
cost under the plan or coverage with respect to
acquisition of the drug and the amount an individual
would pay for acquisition of the drug without using
any health plan or health insurance coverage., and
c. eliminate discriminatory contracting as it relates to:
(1) transferring the benefit of 340B drug pricing
savings from a 340B entity to another entity,
including without limitation pharmacy benefits
managers, private insurers, and managed care
organizations,
(2) offering a lower reimbursement rate for drugs
purchased under 340B drug pricing than for the
same drug not purchased under 340B drug pricing,
(3) refusal to cover drug purchases utilizing 340B
drug pricing,
(4) refusal to allow providers who utilize 340B drug
pricing to participate in networks, and
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(5) charging more than fair market value or seeking
profit sharing in exchange for services involving
340B drug pricing.
2. A pharmacy benefits manager’s contract with a provider shall
not prohibit, restrict, or limit disclosure of information or
documents to the Attorney General, law enforcement or state and
federal governmental officials investigating or examining a
complaint or conducting a review of a pharmacy benefits manager’s
compliance with the requirements under the Patient’s Right to
Pharmacy Choice Act, the Pharmacy Audit Integrity Act, and Sections
357 through 360 of Title 59 of the Oklahoma Statutes.
D. A pharmacy benefits manager shall:
1. Establish and maintain an electronic claim inquiry
processing system using the National Council for Prescription Drug
Programs’ current standards to communicate information to pharmacies
submitting claim inquiries;
2. Fully disclose to insurers, self-funded employers, unions or
other PBM clients the existence of the respective aggregate
prescription drug discounts, rebates received from drug
manufacturers and pharmacy audit recoupments;
3. Provide the Attorney General, insurers, self-funded employer
plans and unions unrestricted audit rights of and access to the
respective PBM pharmaceutical manufacturer and provider contracts,
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plan utilization data, plan pricing data, pharmacy utilization data
and pharmacy pricing data;
4. Maintain, for no less than three (3) years, documentation of
all network development activities including but not limited to
contract negotiations and any denials to providers to join networks.
This documentation shall be made available to the Attorney General
upon request; and
5. Report to the Attorney General, on a quarterly basis for
each health insurer payor, on the following information:
a. the aggregate amount of rebates received by the PBM,
b. the aggregate amount of rebates distributed to the
appropriate health insurer payor,
c. the aggregate amount of rebates passed on to the
enrollees of each health insurer payor at the point of
sale that reduced the applicable deductible,
copayment, coinsure or other cost sharing amount of
the enrollee,
d. the individual and aggregate amount paid by the health
insurer payor to the PBM for pharmacy services
itemized by pharmacy, drug product and service
provided, and
e. the individual and aggregate amount a PBM paid a
provider for pharmacy services itemized by pharmacy,
drug product and service provided; and
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6. Make drug formulary and coverage decisions based on the
normal course of business of the PBM, not based upon the 340B drug
pricing status of a drug, including price or availability, or
whether a dispensing pharmacy participates in 340B drug pricing.
E. Nothing in the Patient’s Right to Pharmacy Choice Act shall
prohibit the Attorney General from requesting and obtaining detailed
data, including raw data, in response to the information provided by
a PBM in the quarterly reports required by this section. The
Attorney General may alter the frequency of the reports required by
this section at his or her sole discretion.
F. The Attorney General may promulgate rules to implement the
provisions of the Patient’s Right to Pharmacy Choice Act, the
Pharmacy Audit Integrity Act, and Sections 357 through 360 of Title
59 of the Oklahoma Statutes.
SECTION 9. AMENDATORY Section 3, Chapter 38, O.S.L.
2022, as last amended by Section 4, Chapter 306, O.S.L. 2024 (36
O.S. Supp. 2024, Section 6966.1), is amended to read as follows:
Section 6966.1. A. The Insurance Commissioner may censure,
suspend, revoke, or refuse to issue or renew a license of or levy a
civil penalty against any person licensed under the insurance laws
of this state for any violation of the Patient’s Right to Pharmacy
Choice Act, Section 6958 et seq. of this title.
B. 1. If the Attorney General finds, after notice and
opportunity for hearing, that a pharmacy benefits manager (PBM)
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violated one or more provisions of the Patient’s Right to Pharmacy
Choice Act, the Pharmacy Audit Integrity Act or the provisions of
Sections 357 through 360 of Title 59 of the Oklahoma Statutes, the
Attorney General may instruct the Insurance Commissioner that the
PBM be censured or his or her license be suspended or revoked. If
the Attorney General makes such instruction, the Commissioner shall
enforce such action within thirty (30) days.
2. In addition to or in lieu of any censure or suspension or
revocation of a license by the Commissioner, the Attorney General
may levy a civil or administrative fine not less than One Hundred
Dollars ($100.00) and not greater than Ten Thousand Dollars
($10,000.00) for each violation of the provisions of the Patient’s
Right to Pharmacy Choice Act, the Pharmacy Audit Integrity Act or
the provisions of Sections 357 through 360 of Title 59 of the
Oklahoma Statutes.
3. The Attorney General may order restitution for economic loss
suffered by pharmacies or patients for violations of the Patient’s
Right to Pharmacy Choice Act, the Pharmacy Audit Integrity Act, or
the provisions of Sections 357 through 360 of Title 59 of the
Oklahoma Statutes.
C. Notwithstanding whether the license of a PBM has been
issued, suspended, revoked, surrendered or lapsed by operation of
law, the Attorney General is hereby authorized to enforce the
provisions of the Patient’s Right to Pharmacy Choice Act and impose
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any penalty or remedy authorized under the act against a PBM under
investigation for or charged with a violation of the Patient’s Right
to Pharmacy Choice Act, the Pharmacy Audit Integrity Act, the
provisions of Sections 357 through 360 of Title 59 of the Oklahoma
Statutes or any provision of the insurance laws of this state.
D. Each day that a PBM conducts business in this state without
a license from the Insurance Department shall be deemed a violation
of the Patient’s Right to Pharmacy Choice Act.
E. 1. All hearings conducted by the Office of the Attorney
General pursuant to this section shall be public and held in
accordance with the Administrative Procedures Act.
2. Hearings shall be held at the Office of the Attorney General
or any other place the Attorney General may deem convenient.
3. The Attorney General, upon written request from a PBM
affected by the hearing, shall cause a full stenographic record of
the proceedings to be made by a competent court reporter. This
record shall be at the expense of the PBM.
4. The ordinary fees and costs of the hearing examiner
appointed pursuant to Section 319 of this title may be assessed by
the hearing examiner against the respondent unless the respondent is
the prevailing party.
F. Any PBM whose license has been censured, suspended, revoked
or denied renewal or who has had a fine levied against him or her
shall have the right of appeal from the final order of the Attorney
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General, pursuant to Section 318 et seq. of Title 75 of the Oklahoma
Statutes.
G. If the Attorney General determines, based upon an
investigation of complaints, that a PBM has engaged in violations of
the provisions of the Patient’s Right to Pharmacy Choice Act, the
Pharmacy Audit Integrity Act, and Sections 357 through 360 of Title
59 of the Oklahoma Statutes with such frequency as to indicate a
general business practice, and that the PBM should be subjected to
closer supervision with respect to those practices, the Attorney
General may require the PBM to file a report at any periodic
interval the Attorney General deems necessary.
H. 1. The Attorney General shall have the authority to collect
all fines, penalties, restitution, and interest thereon pursuant to
the provisions of the Patient’s Right to Pharmacy Choice Act, the
Pharmacy Audit Integrity Act, and the provisions of Sections 357
through 360 of Title 59 of the Oklahoma Statutes, or any other
charge, cause of action, prelitigation settlement, or other
settlement that requires the recovery of money as a result of
violations of the Patient’s Right to Pharmacy Choice Act. Funds
collected by the Attorney General pursuant to the Patient’s Right to
Pharmacy Choice Act, the Pharmacy Audit Integrity Act, and Sections
357 through 360 of Title 59 of the Oklahoma Statutes shall be
deposited into the Attorney General’s Pharmacy Benefits Manager
Enforcement Revolving Fund created in Section 5 of this act.
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2. Costs of investigation, litigation, attorney fees, and other
expenses incurred shall be retained by the Office of the Attorney
General. Remaining funds shall be distributed to pharmacists,
patients, or other injured parties as determined by the Attorney
General.
3. The Attorney General shall promulgate rules for the
distribution of funds pursuant to this subsection.
I. All claims processed by a PBM on behalf of a provider that
participates in 340B drug pricing or on behalf of a 340B entity
shall be deemed final at the point of adjudication.
SECTION 10. This act shall become effective November 1, 2025.
60-1-596 CAD 1/16/2025 2:29:23 PM