Pharmacy Groups Urge 10th Circ. To Uphold Okla. PBM Law

ANALYSIS: New Noncompete Laws Signal Pro-Worker Trend

HB 3881

An Act relating to trusts and pools; amending 79 O.S. 2021, Sections 205, 207, and 210, which relate to the actions brought under the Oklahoma Antitrust Reform Act; authorizing district attorneys to bring action; and providing an effective date.

SB 1810

Oklahoma Antitrust Reform Act; modifying procedures for certain actions.
SB 1810 authorizes district attorneys to bring an action in the name of the state, as parens patriae on behalf of natural persons residing in the attorney’s district for appropriate injunctive or other equitable relief and to secure monetary damages for injury sustained by such natural persons to
their business or property by reason of any violation of the Oklahoma Antitrust Reform Act
unless the Attorney General already brough such an action forward under the same theory of

HB 3435

An Act relating to contracts; creating the Uniform Restrictive Employment Agreement Act; defining terms; providing scope of act; imposing notice requirements; restricting application for certain wages; restricting application in certain circumstances; imposing reasonableness requirement; providing for noncompete agreements; providing for confidentiality agreements; providing for no-business agreements; providing for nonsolicitation agreements; providing for non-recruit agreements; providing for payment for competition agreements; providing for trainingrepayment agreements; prohibiting certain actions; providing for enforcement; providing remedies; requiring uniformity; creating a savings clause; providing for severability; repealing 15 O.S. 2021, Sections 217, 218, 219, 219A, and 219B, which relate to restraint of trade; providing for codification; and providing an effective date.

SB 737

The measure reduces the response time afforded to pharmacy benefit managers (PBM) to respond to an inquiry from the Insurance Commissioner from 30 days to 20 days.
The measure prohibits any pharmacy benefits manager from engaging in the practice of spread pricing, which is a prescription drug pricing model utilized by a pharmacy benefits manager in which the PBM charges a health benefit plan a contracted price for prescription drugs that differs from the amount the PBM directly or indirectly pays the pharmacy or pharmacist for providing pharmacy services. The measure also removes certain authority and powers from the Patient’s Right to Pharmacy Choice Advisory Committee such as subpoena power and the power to hold hearings. The measure specifies for the Advisory Committee to review complaints and make a recommendation to the Commissioner as to administrative action to be taken against pharmacy benefits managers pursuant to this act. The measure specifies the length of terms for committee members.
The measure authorizes the Insurance Commissioner to censure, suspend, revoke or refuse to renew a license of or levy a civil penalty against any person licensed under the insurance laws of Oklahoma for any violation of the Patient’s Right to Pharmacy Choice Act. The measure also authorizes the Insurance Commissioner to access a civil fine in addition to any other fines levied against a pharmacy benefits manager ranging from $100.00 to $10,000 and may be enforced in the same manner as civil judgements are enforced.

HB 4323

An Act relating to long-term care facilities; creating the Oklahoma Certificate of Need Reform Act of 2022; providing for noncodification; and providing an effective date.

Oklahoma Pharmacy Benefit Manager Law Heads to Appeals Court

Parts Of Oklahoma PBM Law Invalidated By Judge

SB 674

SB 674 requires every health benefit plan offered in the state to provide coverage of telemedicine. No insurer may exclude a service for coverage solely because the service is provided through telemedicine and is not provided through in-person consultation or contact between a health care professional and a patient for services.