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SENATE FLOOR VERSION
April 11, 2024
ENGROSSED HOUSE
BILL NO. 1713 By: Marti of the House
and
Garvin and Hicks of the
Senate
An Act relating to pharmacies; defining terms;
creating certain requirements; creating a penalty;
providing for codifi cation; and declaring an
emergency.
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 6969 of Title 36, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Health benefit plan" means a health benefit plan as defined
pursuant to Section 6060.4 in Title 36 of the Oklahoma Statutes;
2. "Pharmacy benefits manager" means a person that perf orms
pharmacy benefits management a nd any other person acting for such
person under a contractual or employment relationship in the
performance of pharmacy benefits management for a managed -care
company, not-for-profit hospital, medical services organizati on,
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insurance company, third -party payor, or a health program
administered by a state agency; and
3. "White bagged drugs" means the distribution of physician
administered medication from a pharmacy, typically a specialty
pharmacy, to the physician's offic e, hospital, or clinic for
administration.
B. All health benefit plans and pharmacy benefits managers in
this state shall not refuse to authorize, approve, or pay a
participating provider for providing covered physician -administered
drugs to covered perso ns.
C. All white bagged drugs distributed in this state shall meet
supply chain security controls set forth by the federal Drug Supply
Chain Security Act as amended.
D. A health benefit plan or a pharmacy benefits manager of a
plan shall not require a co vered patient to self -administer an
injectable drug against a health care provider's recommendation in
accordance with the manufacturer's approved guidelines.
E. Health benefit plans shall not require a covered patient to
pay additional fees for white bag ged drugs beyond cost -sharing
obligations as outlined in the individual's plan.
F. Providers and health care facilities shall be permitted to
dispense and administer a covered physician -administered drug based
on a patient's best interest, provided that t he health care facility
or provider that administers the drug shall agree to the terms and
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conditions of network participation and accept, as payment in full,
reimbursement for the drug at the health insurer's negotiated
contracted rate. The health care facility or provider is prohibited
from billing or collecting from the patient any amount in excess of
or in addition to the patient's cost sharing obligations as outlined
in the individual's plan.
G. Any payor in violation of this act shall be fined a min imum
of Five Thousand Dollars ($5,0 00.00) 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 payors, plans, or
members loss ratios and losses incurred pursuant to this subsection
shall not be passed on to the consumer in future rate increases.
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 and approval.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 11, 2024 - DO PASS