HB 2632 – Oklahoma

Status: Enacted
Year Introduced: 2019
Year Enacted: 2019
Link: http://www.oklegislature.gov/BillInfo.aspx?Bill=HB2632&Session=1900

[Enforcement suspended pending litigation]

An Act relating to insurance; creating the Patient’s Right to Pharmacy Choice Act; declaring purpose; defining terms; providing for compliance standards for retail pharmacy networks; providing for review of retail pharmacy network access; prohibiting certain actions; prohibiting certain restrictions; requiring a pharmacy benefits manager to establish and maintain an electronic claim inquiry processing system; requiring health insurer to monitor compliance; requiring specific uses for certain compensation; requiring health insurer file annual report; directing a health insurer’s pharmacy and therapeutics committee to establish a formulary; prohibiting conflicts of interest; providing conditions for persons to serve on pharmacy and therapeutics committee; prohibiting compensation; authorizing Insurance Commissioner investigative powers; establishing a Right to Patient Choice Advisory Committee; providing the Right to Patient Choice Advisory Committee with certain powers; providing for composition and appointment of the Right to Patient Choice Advisory Committee; providing term length; providing hearings be held in accordance with the Administrative Procedures Act; providing for confidentiality; providing exception; providing for codification; and providing an effective date.

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Associated Litigation:

Pharmaceutical Care Management Association (PCMA) v. Mulready
District Court: District Court of Western District of Oklahoma    Status: Decided
The 2019 Oklahoma law, Patient’s Right to Pharmacy Choice Act, targets PBM conflict of interest by prohibiting higher reimbursement rates for PBM-owned pharmacies and bans PBMs from preventing pharmacies to disclose cost information to consumers. PCMA filed suit in Oklahoma district court just before the new law takes effect on November …