Prescriptions; Oklahoma Health Care Safety Net and Affordable Prescriptions Accessibility Act; definitions; discriminatory actions; reimbursement; manufacturer; distributor; enforcement; Attorney General; Insurance Commissioner; violations; federal preemption; effective date.
Impact
If enacted, HB3379 will significantly modify the regulatory landscape for healthcare providers participating in the 340B drug discount program in Oklahoma. The legislation aims to ensure that these entities do not face discrimination in reimbursement practices and ensures that patients have the option to receive medications through their local 340B pharmacies without unnecessary obstacles. The inclusion of the Attorney General and the Insurance Commissioner in enforcement mechanisms underscores the seriousness of the bill in targeting anti-competitive practices in drug pricing.
Summary
House Bill 3379, also known as the Oklahoma Health Care Safety Net and Affordable Prescriptions Accessibility Act, seeks to address issues related to the distribution and pricing of 340B drugs. The bill prohibits discriminatory practices by health insurance issuers, pharmacy benefit managers, and drug manufacturers that may impede access to drugs covered under the 340B program. Key provisions include protections against lower reimbursement rates for 340B entities and restrictions on additional burdens that can be imposed on them compared to non-340B entities.
Sentiment
The sentiment surrounding HB3379 appears to be generally supportive among those concerned with healthcare accessibility, particularly for vulnerable populations relying on discounted drug programs. Advocates argue that the bill is necessary to prevent discrimination against 340B entities, ensuring that they can continue to provide affordable medications. However, some pharmaceutical companies and industry insiders may express concern regarding the implications for their pricing structures and negotiated contracts with healthcare providers.
Contention
Notable points of contention include the tensions between cost controls and the interests of pharmaceutical companies. Critics may argue that the bill could hinder the ability of manufacturers to negotiate effectively when it comes to pricing, or that such regulations may unintentionally create barriers to access if not carefully implemented. Moreover, the specific definitions and criteria related to 340B drugs and entities could evolve into a debate regarding scope and enforcement, as compliance may impose new operational burdens on the affected parties.
Managed care; extending the date the Oklahoma Health Care Authority shall establish minimum rates of reimbursement; adding reimbursement fee schedule relating to anesthesia; effective date.
Public health and safety; rights afforded under the Health Insurance Portability and Accountability Act (HIPAA) and not supersede HIPAA; Oklahoma Health Information Exchange Act; definitions; effective date.
Public health and safety; definitions; health care professionals; gender transition; exceptions; statute of limitations; license revocation; state license holders; certain claims; civil actions; attorney fees; effective date.
Children; Parents' Bill of Rights; private right of action; Attorney General; investigate; violation; materials; instruction; fine; term; effective date.
Health insurance; modifying duties and prohibited acts of pharmacy benefit managers; authorizing Insurance Commissioner to take action on certain licenses. Emergency.
Pharmacy benefit managers; Patient's Right to Pharmacy Choice Act; definitions; contracts; health information; fines and fees; creating revolving fund; emergency.
Pharmacy benefits managers; modifying jurisdiction and responsibilities of the Attorney General's Office; establishing requirements and penalties. Emergency.