This legislative modification is significant as it directly affects how pharmacy benefit management is regulated in the state. By centralizing enforcement power in the Attorney General's office, the bill aims to address concerns about non-compliance and unethical practices among PBMs. It includes provisions for penalties against PBMs for violations, including civil fines and possible suspension or revocation of licenses. This is expected to foster greater accountability and protect pharmacies and patients from exploitative practices.
Summary
House Bill 1843 aims to amend existing legislation concerning pharmacy benefit managers (PBMs) in Oklahoma. The bill shifts enforcement authority from the Oklahoma Insurance Department to the Attorney General, empowering the AG to investigate and enforce compliance with the Patient's Right to Pharmacy Choice Act. The changes are intended to enhance oversight of PBMs and ensure that they adhere to the provisions set forth in the law, particularly in relation to pricing and contract practices affecting pharmacies and patients.
Sentiment
The sentiment surrounding HB1843 appears largely supportive among those advocating for transparency and fairness in pharmacy benefit management. Proponents argue that giving the Attorney General more power to regulate PBMs will lead to improved consumer rights and reduced burdens on pharmacies, particularly independent ones. However, concerns have been raised by some stakeholders about the capabilities and resources of the Attorney General's office to adequately oversee this expanded role.
Contention
Despite the general support for enhancing regulatory measures on PBMs, there are notable points of contention. Some critics worry that the bill could lead to overreach by the Attorney General and complicate the business environment for PBMs and pharmacies. Additionally, there are differing opinions on whether the proposed penalties and administrative processes might be too burdensome, which could inadvertently lead to reduced access to pharmacy services for consumers.
Practice of pharmacy; allowing pharmacist to test or screen for and initiate drug therapy under certain circumstances; specifying allowed tests; modifying and adding certain definitions. Effective date. Emergency.
Practice of pharmacy; requiring wholesale distributors to provide for return of certain outdated prescription drugs; requiring prompt full credit to purchaser. Effective date.
Pharmacy benefits managers; modifying jurisdiction and responsibilities of the Attorney General's Office; establishing requirements and penalties. Emergency.
Pharmacy benefit managers; Patient's Right to Pharmacy Choice Act; definitions; contracts; health information; fines and fees; creating revolving fund; emergency.