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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4052 By: Marti
COMMITTEE SUBSTITUTE
An Act relating to pharmacies; defining terms;
creating certain requi rements; creating a penalty;
providing for codification; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 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
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pharmacy, to the physician 's office, hospital, or clinic for
administration.
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.
H. A health care facility or health care provider shall be
immune from civil liability for any loss or harm to a person due to
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their health insurance plan utiliz ing white bagged drugs caused by
an act or omission by the facility or provider that occurs during
the process outlined in this act if the act or omission was not the
result of gross negligence or willful or wanton misconduct of the
health care facility of health care provider rendering the health
care services.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 03/02/2022 -
DO PASS, As Amended.