Oklahoma 2023 Regular Session

Oklahoma House Bill HB1713 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	ENGR. H. B. NO. 1713 Page 1 1
	3	+	HB1713 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 1713 By: Marti of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 59th Legislature (2023)
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 1713 By: Marti of the House
30	38
31	39		and
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33	41		Garvin of the Senate
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36		-	An Act relating to pharmacies; defining terms; creating
37		-	certain requirements; creating a penalty; providing for
38		-	codification; and declaring an emergency .
	44	+
	45	+	COMMITTEE SUBSTITUTE
	46	+
	47	+	An Act relating to pharmacies; defining terms;
	48	+	creating certain requir ements; creating a penalty;
	49	+	providing for codification; and declaring an
	50	+	emergency.
	51	+
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42	55		BE IT ENACTED BY THE PEOPLE OF THE STATE O F OKLAHOMA:
43	56		SECTION 1. NEW LAW A new sect ion of law to be codified
44	57		in the Oklahoma Statutes as Section 6969 of Title 36, unless there
45	58		is created a duplication in numbering, reads as follows:
46	59		A. As used in this section:
47	60		1. "Health benefit plan" means a health benefit plan as defined
48	61		pursuant to Section 6060.4 in Title 36 of the Oklahoma Statutes;
49	62		2. "Pharmacy benefits manager" means a person that performs
50	63		pharmacy benefits management and any other person acting for such
51	64		person under a contractual or employment relation ship in the
52	65		performance of pharmacy benefits management for a managed -care
53		-	company, not-for-profit hospital, medical services organization,
54		-	insurance company, third -party payor, or a health program
55		-	administered by a state agency; and
56		-	3. "White bagged drugs" means the distribution o f physician
57		-	administered medication from a pharmacy, typically a specialty
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59		-	ENGR. H. B. NO. 1713 Page 2 1
	67	+	HB1713 HFLR Page 2
	68	+	BOLD FACE denotes Committee Amendments. 1
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	93	+	company, not-for-profit hospital, medical services organization,
	94	+	insurance company, third -party payor, or a health program
	95	+	administered by a state agency; and
	96	+	3. "White bagged drugs" means the distribution o f physician
	97	+	administered medication from a pharmacy, typically a specialty
84	98		pharmacy, to the physician's office, hospital, or clinic for
85	99		administration.
86	100		B. All health benefit plans and pharmacy benefits managers in
87	101		this state shall not refuse to authorize, approve, or pay a
88	102		participating provider for providing covered physician-administered
89	103		drugs to covered persons.
90	104		C. All white bagged drugs distributed in this state shall meet
91	105		supply chain security controls set forth by the fede ral Drug Supply
92	106		Chain Security Act as amended.
93	107		D. A health benefit plan or a pharmacy ben efits manager of a
94	108		plan shall not require a covered patient to self -administer an
95	109		injectable drug against a health care provider 's recommendation in
96	110		accordance with the manufacturer's approved guidelines.
97	111		E. Health benefit plans shall not require a covere d patient to
98	112		pay additional fees for white bagged drugs beyond cost -sharing
99	113		obligations as outlined in the individual 's plan.
100	114		F. Providers and health care facilities shall be permitted to
101	115		dispense and administer a covered physician -administered drug based
102	116		on a patient's best interest, provided that the health care facility
103		-	or provider that administers the drug shall agree to the terms and
104		-	conditions of network partici pation and accept, as payme nt in full,
105		-	reimbursement for the drug at the health insurer 's negotiated
106		-	contracted rate. The health care facility or provider is prohibited
107		-	from billing or collecting from the patient any amount in excess of
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109		-	ENGR. H. B. NO. 1713 Page 3 1
	118	+	HB1713 HFLR Page 3
	119	+	BOLD FACE denotes Committee Amendments. 1
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	144	+	or provider that administers the drug shall agree to the terms and
	145	+	conditions of network partici pation and accept, as payme nt in full,
	146	+	reimbursement for the drug at the health insurer 's negotiated
	147	+	contracted rate. The health care facility or provider is prohibited
	148	+	from billing or collecting from the patient any amount in excess of
134	149		or in addition to the patient 's cost sharing obligations as outlined
135	150		in the individual's plan.
136	151		G. Any payor in violation of this act shall be fined a minimum
137	152		of Five Thousand Dollars ($5,000.00) per violation, but not more
138	153		than Ten Thousand Dollars ($10,000.00) per violation. Fines related
139	154		to this section shall not be used when calculating payors, plans, or
140	155		members loss ratios and losses incurred pursuant to this subsection
141	156		shall not be passed on to the consumer in future rate increas es.
142	157		SECTION 2. It being immediately necessary for t he preservation
143	158		of the public peace, health or safety, an emergency is hereby
144	159		declared to exist, by reason whereof this act shall take effect and
145	160		be in full force from and after its passa ge and approval.
146		-	Passed the House of Representatives the 21st day of March, 2023.
147	161
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151		-	Presiding Officer of the House
152		-	of Representatives
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155		-	Passed the Senate the ____ day of __________, 2023.
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160		-	Presiding Officer of the Senate
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	162	+	COMMITTEE REPORT BY: COMMITTEE ON INSURANCE, dated 03/01/2023 - DO
	163	+	PASS, As Amended and Coauthored.