Pharmacy benefits managers; requiring publication of data; establishing regulations and compliance measures. Effective date.
Impact
This legislation seeks to impact state laws by tightening the oversight of PBMs, which have been criticized for opaque practices that often lead to increased drug prices for consumers. By requiring annual reports that track the flow of rebates and the overall reimbursement processes, the bill intends to enhance competition among PBMs and improve consumer access to affordable prescription medications. The Oklahoma Insurance Department is empowered to enforce compliance, impose penalties for violations, and ensure that PBMs operate transparently.
Summary
Senate Bill 879 aims to regulate pharmacy benefits managers (PBMs) by requiring them to maintain transparency and accountability in their operations. The bill mandates that PBMs provide comprehensive reports to the Oklahoma Insurance Department detailing all rebates received from pharmaceutical manufacturers, as well as the amounts that are passed on to health insurers and enrollees. It also includes measures to ensure that the defined cost-sharing for each prescription drug is based on the actual cost accounting for any rebates received, thereby lowering the out-of-pocket costs for consumers.
Sentiment
The sentiment surrounding SB 879 is mixed, with significant support coming from consumer advocacy groups and some lawmakers who see it as a necessary step towards reducing prescription drug costs. However, there is opposition from certain PBM stakeholders who argue that these regulations may create unnecessary bureaucratic hurdles and limit their ability to negotiate drug prices effectively. Overall, the bill advocates for increased fairness in the pricing system, which could have a substantial benefit for enrollees in health plans.
Contention
Notable points of contention include concerns over the potential administrative burden placed on PBMs, which might detract from their operational efficacy. Advocates argue that without such regulations, PBMs can continue practices that keep drug prices inflated and limit the financial benefits of rebates from reaching consumers. The bill's critics are concerned about the implications of these regulations negatively affecting the willingness of PBMs to engage in negotiations with drug manufacturers, possibly leading to limited access or higher costs in the long run.
Prescription drugs; requiring certain entities to submit certain reports to the Insurance Department; directing Department to electronically publish certain information. Effective date.
Practice of pharmacy; requiring wholesale distributors to provide for return of certain outdated prescription drugs; requiring prompt full credit to purchaser. Effective date.
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.
Oklahoma Central Purchasing Act; acquisition initiation; adding exemption for certain contracts from competitive bidding requirements; requiring State Purchasing Director to review and audit all exceptions; effective date.
Practice of nursing; providing for independent prescriptive authority of Advanced Practice Registered Nurses who meet certain requirements; modifying various provisions of the Oklahoma Pharmacy Act and the Oklahoma Nursing Practice Act. Effective date.
Health care; creating the Oklahoma Rebate Pass-Through and Pharmacy Benefits Manager Meaningful Transparency Act of 2025; definitions; requirements; effective date.