Oklahoma 2024 Regular Session

Oklahoma House Bill HB1713 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
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	3	+	SENATE FLOOR VERSION - HB1713 SFLR Page 1
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	29	+	SENATE FLOOR VERSION
	30	+	April 11, 2024
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3	34		BILL NO. 1713 By: Marti of the House
4	35
5	36		and
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7	38		Garvin and Hicks of the
8	39		Senate
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14		-
15		-	~~An Act relating to pharmacies; defining terms~~; creating
16		-	~~certain requirements; creating a penalty;~~ providing for
17		-	~~codification; and declaring an~~ emergency.
	45	+	An Act relating to pharmacies; defining terms;
	46	+	creating certain requirements; creating a penalty;
	47	+	providing for codifi cation; and declaring an
	48	+	emergency.
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22		-	SUBJECT: Pharmacies
23		-
24	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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26	54		SECTION 1. NEW LAW A new section of law to be codified
27	55		in the Oklahoma Statutes as Section 6969 of Title 36, unless there
28	56		is created a duplication in numbering, reads as follows:
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30	57		A. As used in this section:
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32	58		1. "Health benefit plan" means a health benefit plan as defined
33	59		pursuant to Section 6060.4 in Title 36 of the Oklahoma Statutes;
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35	60		2. "Pharmacy benefits manager" means a person that perf orms
36	61		pharmacy benefits management a nd any other person acting for such
37	62		person under a contractual or employment relationship in the
38	63		performance of pharmacy benefits management for a managed -care
39	64		company, not-for-profit hospital, medical services organizati on,
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	66	+	SENATE FLOOR VERSION - HB1713 SFLR Page 2
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40	92		insurance company, third -party payor, or a health program
41	93		administered by a state agency; and
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43	94		3. "White bagged drugs" means the distribution of physician
44	95		administered medication from a pharmacy, typically a specialty
45	96		pharmacy, to the physician's offic e, hospital, or clinic for
46		-	administration. ENR. H. B. NO. 1713 Page 2
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	97	+	administration.
48	98		B. All health benefit plans and pharmacy benefits managers in
49	99		this state shall not refuse to authorize, approve, or pay a
50	100		participating provider for providing covered physician -administered
51	101		drugs to covered perso ns.
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53	102		C. All white bagged drugs distributed in this state shall meet
54	103		supply chain security controls set forth by the federal Drug Supply
55	104		Chain Security Act as amended.
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57	105		D. A health benefit plan or a pharmacy benefits manager of a
58	106		plan shall not require a co vered patient to self -administer an
59	107		injectable drug against a health care provider's recommendation in
60	108		accordance with the manufacturer's approved guidelines.
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62	109		E. Health benefit plans shall not require a covered patient to
63	110		pay additional fees for white bag ged drugs beyond cost -sharing
64	111		obligations as outlined in the individual's plan.
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66	112		F. Providers and health care facilities shall be permitted to
67	113		dispense and administer a covered physician -administered drug based
68	114		on a patient's best interest, provided that t he health care facility
69	115		or provider that administers the drug shall agree to the terms and
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70	143		conditions of network participation and accept, as payment in full,
71	144		reimbursement for the drug at the health insurer's negotiated
72	145		contracted rate. The health care facility or provider is prohibited
73	146		from billing or collecting from the patient any amount in excess of
74	147		or in addition to the patient's cost sharing obligations as outlined
75	148		in the individual's plan.
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77	149		G. Any payor in violation of this act shall be fined a min imum
78	150		of Five Thousand Dollars ($5,0 00.00) per violation, but not more
79	151		than Ten Thousand Dollars ($10,000.00) per violation. Fines related
80	152		to this section shall not be used when calculating payors, plans, or
81	153		members loss ratios and losses incurred pursuant to this subsection
82	154		shall not be passed on to the consumer in future rate increases.
83		-
84	155		SECTION 2. It being immediately necessary for the preservation
85	156		of the public peace, health or safety, an emergency is hereby
86	157		declared to exist, by reason whereof this act shall take effect and
87	158		be in full force from and after its passage and approval.
88		-	ENR. H. B. NO. 1713 Page 3
89		-	Passed the House of Representatives the 21st day of March, 2023.
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94		-	Presiding Officer of the House
95		-	of Representatives
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98		-	Passed the Senate the 24th day of April, 2023.
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103		-	Presiding Officer of the Senate
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105		-	OFFICE OF THE GOVERNOR
106		-	Received by the Office of the Governor this ____________________
107		-	day of ___________________, 20_______, at _______ o'clock _______ M.
108		-	By: _________________________________
109		-	Approved by the Governor of the State of Oklahoma this _____ ____
110		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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113		-	_________________________________
114		-	Governor of the State of Oklahoma
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116		-	OFFICE OF THE SECRETARY OF STATE
117		-	Received by the Office of the Secretary of State this __________
118		-	day of ___________________, 20_______, at _______ o'clock _______ M.
119		-	By: _________________________________
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	159	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	160	+	April 11, 2024 - DO PASS