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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 493 By: McCortney
AS INTRODUCED
An Act relating to prescription drugs; defining
terms; establishing the State Presc ription Drug
Purchasing Pool; authorizing Office of Management and
Enterprise Services to allow certain entities to
purchase prescription drugs under state authority ;
defining terms; authorizing Office to establish
procedures for participa tion in pool; authorizing
Office to offer option to purchase stop -loss
insurance coverage at certain rate for specified
participants; authorizing certain entities to
participate jointly in pool; construing provision ;
requiring participant enti ties pay full cost of
claims and prescription drugs; authorizing Office to
coordinate with certain program for certain purpose;
authorizing Office to obtain stop-loss insurance
coverage; authorizing Office to promulgate rules;
providing for codification; and provi ding 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 1350 of Title 36, unless there
is created a duplication in numbering, rea ds as follows:
A. As used in this section:
1. “Health insurance carrier ” means any entity which provides
health insurance, health benefits or contracts for health car e
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services, including prescription drug coverage, to large groups,
small groups or individuals in this state and that is subject to t he
insurance laws and regulations of this state or the jurisdiction of
Insurance Commissioner ;
2. “Nonstate public employer ” means a county, municipality or
other political subdivision of the state, including a board of
education, quasi-public agency, state uni versity system or the Board
of Trustees of the Teachers’ Retirement System of Oklahoma ; and
3. “Qualified private employer ” means a self-insured private
employer doing business in this state.
B. There is hereby established the “State Prescription Drug
Purchasing Pool”. The Office of Enterprise and Management Services
may offer nonstate public em ployers, qualified private employers a nd
health insurance carriers the option to pur chase prescription drugs,
as defined in Section 367.2 of Title 59 of the Oklahoma Statutes,
for their employees, dependents of employees and retirees under the
purchasing authority of this state, subject to the provisions of
subsection E of this section.
C. The Office may establish procedures to determine
participation in the State Prescription Drug Purchasing Pool by
nonstate public employers, qualified private employers and health
insurance carriers pursua nt to subsection A of this section, which
shall include but are not limited to eligibility requirements,
enrollment procedures, duration of participation, requirements
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regarding payment, and procedures for withdraw al or termination from
the Pool
D. The Office may offer to nonstate public employers, qualified
private employers or health insurance carriers that choose to
participate in the State Prescription Drug Purchasing Pool , pursuant
to subsection A of this section , the option to purchase stop -loss
coverage from an insurer at a rat e negotiated by the Office.
E. Two or more nonstate public employers or qualified private
employers may operate together for the purpose of purchasing
prescription drugs for their employees, dependents of employees and
retirees. This arrangement shall not constitute a multiple employer
welfare arrangement, as defined in Section 3 of the Emp loyee
Retirement Income Security Act of 1974, 29 U.S.C., Section
1002(40)(A), as amended.
F. Nonstate public employers, qualified private e mployers and
health insurance carriers that participate in the Stat e Prescription
Drug Purchasing Pool pursuant to this sectio n shall pay the full
cost of their own claims and prescription drugs.
G. The Office may coordinate the State Prescription Drug
Purchasing Pool with any prescription drug assistance program
established through the Rx for Oklahoma Act pursuant to Section
5040.2 et seq. of Title 74 of the Oklahoma Statutes . This
coordination may include purchasing prescription drugs for the
program through the Pool and offering discounts, rebates and prices
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secured through the Pool to participants of the prescription drug
assistance program.
H. The Office may obtain stop -loss insurance coverage pursuant
to Section 7401 of Title 36 of the Oklahoma Sta tutes provided,
however, that the coverage complies wit h the provisions of t his
section.
I. The Office of Enterprise and Manag ement Services is
authorized to promulgate rules to implement the provisions of this
act.
SECTION 2. This act shall become effective November 1, 2021.
58-1-89 CB 1/19/2021 6:35:30 PM