Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB549

Introduced
2/6/23  
Refer
2/7/23  

Caption

Pharmacy benefits management; modifying provisions ad requirements of managers; modifying administration by the Insurance Department. Effective date.

Impact

The enactment of SB549 is poised to significantly impact the operational framework of pharmacy benefits management in Oklahoma. The bill empowers the Insurance Commissioner and the newly established Patient’s Right to Pharmacy Choice Commission to enforce compliance among PBMs. It allows for hearings regarding violations of specified laws, which may lead to punitive measures, including fines and restitution. This shift aims to reduce instances of underpayment and ensure that pharmacies are adequately compensated for the services they provide, which could lead to improved patient access to necessary medications.

Summary

Senate Bill 549, known as the Patient’s Right to Pharmacy Choice Act, introduces reforms aimed at enhancing regulatory oversight of pharmacy benefits managers (PBMs). The bill seeks to amend existing laws to establish clearer standards of operation for PBMs, particularly concerning reimbursement practices and the rights of pharmacies. Key provisions include ensuring that dispensing fees are not included in the calculations for maximum allowable costs (MAC) for reimbursement, thereby improving the financial viability of pharmacies. Additionally, SB549 emphasizes the ability for providers to contest reimbursement amounts through a formal appeals process, designed to enhance transparency and accountability within the pharmaceutical supply chain.

Sentiment

The sentiment surrounding SB549 appears to be generally supportive among stakeholders advocating for pharmacy rights and patient access to medications. Proponents argue that the bill is a necessary step towards safeguarding pharmacy independence and ensuring fair reimbursement rates that reflect the actual costs of service provision. However, there may be concerns from some factions within the insurance industry regarding the regulatory burden that the bill places on PBMs, which could lead to increased operational costs and potential disruptions in pharmacy service delivery.

Contention

Notable points of contention include the balance of power between PBMs and individual pharmacies. Critics of SB549 may argue that while the intent is to protect pharmacies, the increased regulatory scrutiny could have unintended consequences, such as limiting the ability of PBMs to negotiate effectively with drug manufacturers or manage pharmacy networks. The ongoing discussions highlight the tension between maintaining cost-effective drug pricing and ensuring that the interests of pharmacies and patients are adequately represented in the health care system.

Companion Bills

No companion bills found.

Similar Bills

OK SB549

Pharmacy benefits management; modifying provisions ad requirements of managers; modifying administration by the Insurance Department. Effective date.

OK SB737

Health insurance; modifying duties and prohibited acts of pharmacy benefit managers; authorizing Insurance Commissioner to take action on certain licenses. Emergency.

OK SB1390

Pharmacy benefits managers; modifying jurisdiction and responsibilities of the Attorney General's Office; establishing requirements and penalties. Emergency.

OK HB2048

Prescriptions; 340B Nondiscrimination Act; definitions; discriminatory actions; reimbursement; manufacturer; distributor; enforcement; Attorney General; Insurance Commissioner; violations; federal preemption; effective date.

OK HB3376

Pharmacy benefit managers; Patient's Right to Pharmacy Choice Act; definitions; contracts; health information; fines and fees; creating revolving fund; emergency.