Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1633

Introduced
2/7/22  
Refer
2/8/22  
Report Pass
2/21/22  
Engrossed
3/23/22  
Refer
3/30/22  

Caption

Pharmacy benefits managers; prohibiting pharmacy benefits managers from certain actions; requiring certain reports be created. Effective date.

Impact

The enactment of SB1633 is expected to have significant implications for state laws governing healthcare and pharmacy practices. By instituting mandatory reporting requirements for PBMs regarding the handling of rebates and fees, the legislation aims to increase accountability and transparency within the pharmaceutical pricing structure. Furthermore, it enforces fiduciary duties for PBMs to act in the best interest of their clients, which could lead to improved relationships between pharmacies, patients, and insurers. The law seeks to address inequities faced by independent pharmacies and improve patient access to affordable medications, ultimately aiming to enhance community health outcomes.

Summary

SB1633, titled the Pharmacy Benefits Managers Reform Act, aims to regulate the actions of pharmacy benefits managers (PBMs) in Oklahoma. The bill addresses several critical areas, including the prohibition of certain fees imposed on pharmacists and pharmacies, such as adjudication and submission fees. It also bans practices like 'clawbacks'—where PBMs keep revenue by charging patients more than the cost of the drug—and 'spread pricing', which involves the practice of PBMs retaining the difference between the drug prices charged to health plans and the amount reimbursed to pharmacies. The bill emphasizes the importance of transparency in the medication supply chain and aims to ensure better access to healthcare for Oklahomans.

Sentiment

The sentiment surrounding SB1633 has been generally positive among local pharmacy advocates and representatives who see it as a necessary reform to protect pharmacies and patients from onerous fees and opaque pricing practices. However, there are concerns from industry stakeholders regarding the potential financial burdens this legislation may impose on PBMs and insurers, which could indirectly affect the cost of healthcare. The law reflects a growing trend toward regulation of the pharmaceutical industry, aligning state policies with patient-centric approaches to healthcare management.

Contention

Notable points of contention include concerns from PBMs about compliance costs and the operational impact of the stringent reporting requirements. Some proponents of PBM practices argue that the current system allows for necessary price negotiations that could be jeopardized by increased regulation. Additionally, the balance between ensuring the sustainability of PBMs while promoting fair practices in pharmacy reimbursements remains a contentious debate. The outcome of this legislation highlights a significant shift in pharmacy management practices, with implications for how prescription drugs are priced and dispensed across Oklahoma.

Companion Bills

No companion bills found.

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