Req. No. 9538 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4052 By: Marti
AS INTRODUCED
An Act relating to pharmacies; defining terms;
creating certain requir ements; creating a penalty;
providing for codification; and providin g an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6969 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Pharmacy benefit managers" means individuals or companies
that manage prescription drug benefits on behalf of health insurers,
Medicare Part D drug plans, large employer plans, and other payers;
and
2. "White bagged drugs" means the distribution of
patient‐specific medication from a pharmacy, typically a specialty
pharmacy, to the physician 's office, hospital, or clinic for
administration.
Req. No. 9538 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. All pharmaceutical drug plans and pharmacy benefit managers
in this state shall not refuse to authorize, approve , or pay a
participating provider for providing covered physician -administered
drugs to covered persons.
C. All white bagged drugs shall meet supply chain security
controls set forth by the federal Drug Supply Chain and Security
Act.
D. Plan providers shall not require a patient to self-
administer an injectable drug against a provider 's recommendation.
E. Plans shall not require patients to pay additional fees
beyond cost-sharing obligations as outlined in the individual's
plan.
F. Patients and providers s hall determine a billing pathway
based on patient's best interest.
G. Any payer in violation of this section shall be fined a
minimum of Five Thousand Dollars ($5,000.00) per violation, but not
more than Ten Thousand Dollars ($10,000.00) per violation. Fines
related to this section shall not be used when calculating payers,
plans, or members lose ratios and loses shall not be passed on to
the consumer in future rate increases.
SECTION 2. This act shall become effective November 1, 2022.
58-2-9538 KN 01/17/22