Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 1063 By: Rosino
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to prescriptions; creating the
7 Oklahoma Health Care Safety Net and Affordable
8 Prescriptions Accessibility Act; providing short
8 title; defining terms; prohibiting certain
9 discriminatory actions related to reimbursement of
9 certain entities; prohibiting certain discriminatory
10 actions by a manufacturer or distributor related to
10 certain entities; providing for enforcement by the
11 Attorney General and Insurance Commissioner;
11 providing for violations; providing for federal
12 preemption; providing for noncodification; providing
12 for codification; and providing an effective date.
13
13
14
14
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15
16 SECTION 1. NEW LAW A new section of law not to be
16
17 codified in the Oklahoma Statutes reads as follows:
17
18 This act shall be known and may be cited as the "Oklahoma Health
18
19 Care Safety Net and Affordable Prescriptions Accessibility Act".
19
20 SECTION 2. NEW LAW A new section of law to be codified
20
21 in the Oklahoma Statutes as Section 5400 of Title 36, unless there
21
22 is created a duplication in numbering, reads as follows:
22
23 As used in this act:
23
24
24
Req. No. 759 Page 1
1 1. "340B drug" means a drug that has been subject to any offer
1
2 for reduced prices by a manufacturer pursuant to 42 U.S.C., Section
2
3 256b, and is purchased by a covered entity as defined in 42 U.S.C.,
3
4 Section 256b(a)(4);
4
5 2. "340B entity" means an entity participating or authorized to
5
6 participate in the federal 340B drug discount program, as described
6
7 in 42 U.S.C., Section 256b, including its pharmacy, or any pharmacy
7
8 contracted with the participating entity to dispense drugs purchased
8
9 through the 340B drug discount program;
9
10 3. "Pharmacy" means a pharmacy licensed by the State Board of
10
11 Pharmacy, except that patients who are provided pharmacy care shall
11
12 be physically located in the state; and
12
13 4. "Pharmacy benefits manager" means a person that performs
13
14 pharmacy benefits management and any other person acting for such
14
15 person under a contractual or employment relationship in the
15
16 performance of pharmacy benefits management for a managed care
16
17 company, nonprofit hospital, medical service organization, insurance
17
18 company, third-party payor, or a health program administered by a
18
19 department of this state.
19
20 SECTION 3. NEW LAW A new section of law to be codified
20
21 in the Oklahoma Statutes as Section 5401 of Title 36, unless there
21
22 is created a duplication in numbering, reads as follows:
22
23
23
24
24
Req. No. 759 Page 2
1 A. 1. With respect to reimbursement to a 340B entity for 340B
1
2 drugs, a health insurance issuer, pharmacy benefits manager, other
2
3 third-party payor, or its agent shall not:
3
4 a. reimburse a 340B entity for 340B drugs at a rate lower
4
5 than that paid for the same drug to entities that are
5
6 not 340B entities or lower reimbursement for a claim
6
7 on the basis that the claim is for a 340B drug,
7
8 b. impose any terms or conditions on any 340B entity with
8
9 respect to any of the following that differ from such
9
10 terms or conditions applied to non-340B entities on
10
11 the basis that the entity participates in the federal
11
12 340B drug discount program set forth in 42 U.S.C.,
12
13 Section 256b, or that a drug is a 340B drug. Such
13
14 terms and conditions shall include, but not be limited
14
15 to, any of the following:
15
16 (1) fees, charges, clawbacks, or other adjustments or
16
17 assessments. For purposes of this subsection,
17
18 the term "other adjustments" includes placing any
18
19 additional requirements, restrictions, or
19
20 unnecessary burdens upon the 340B entity that
20
21 result in administrative costs or fees to the
21
22 340B entity that are not placed upon other
22
23 entities that do not participate in the 340B drug
23
24 discount program, including affiliate pharmacies
24
Req. No. 759 Page 3
1 of the health insurance issuer, pharmacy benefits
1
2 manager, or other third-party payor,
2
3 (2) dispensing fees that are less than the dispensing
3
4 fees for non-340B entities,
4
5 (3) restrictions or requirements regarding
5
6 participation in standard or preferred pharmacy
6
7 networks,
7
8 (4) requirements relating to the frequency or scope
8
9 of audits of inventory management systems,
9
10 (5) requirements that a claim for a drug include any
10
11 identification, billing modifier, attestation, or
11
12 other indication that a drug is a 340B drug in
12
13 order to be processed or resubmitted unless it is
13
14 required by the Centers for Medicare and Medicaid
14
15 Services or the Oklahoma Health Care Authority
15
16 for the administration of the Oklahoma Medicaid
16
17 program, or
17
18 (6) any other restrictions, conditions, practices, or
18
19 policies that are not imposed on non-340B
19
20 entities,
20
21 c. require a 340B entity to reverse, resubmit, or clarify
21
22 a claim after the initial adjudication unless these
22
23 actions are in the normal course of pharmacy business
23
24 and not related to 340B drug pricing,
24
Req. No. 759 Page 4
1 d. discriminate against a 340B entity in a manner that
1
2 prevents or interferes with any patient's choice to
2
3 receive such drugs from the 340B entity, including the
3
4 administration of such drugs. For purposes of this
4
5 subsection, it is considered a discriminatory practice
5
6 that prevents or interferes with a patient's choice to
6
7 receive drugs at a 340B entity if a health insurance
7
8 issuer, pharmacy benefits manager, or other third-
8
9 party payor places any additional requirements,
9
10 restrictions, or unnecessary burdens upon the 340B
10
11 entity that results in administrative costs or fees to
11
12 the 340B entity, including, but not limited to,
12
13 requiring a claim for a drug to include any
13
14 identification, billing modifier, attestation, or
14
15 other indication that a drug is a 340B drug in order
15
16 to be processed or resubmitted unless it is required
16
17 by the Centers for Medicare and Medicaid Services or
17
18 the Oklahoma Health Care Authority in administration
18
19 of the Oklahoma Medicaid program,
19
20 e. include any other provision in a contract between a
20
21 health insurance issuer, pharmacy benefits manager, or
21
22 other third-party payor and a 340B entity that
22
23 discriminates against the 340B entity or prevents or
23
24 interferes with an individual's choice to receive a
24
Req. No. 759 Page 5
1 prescription drug from a 340B entity, including the
1
2 administration of the drug, in person or via direct
2
3 delivery, mail, or other form of shipment, or creation
3
4 of a restriction or additional charge on a patient who
4
5 chooses to receive drugs from a 340B entity,
5
6 f. require or compel the submission of ingredient costs
6
7 or pricing data pertaining to 340B drugs to any health
7
8 insurance issuer, pharmacy benefits manager, or other
8
9 third-party payor, or
9
10 g. exclude any 340B entity from the health insurance
10
11 issuer, pharmacy benefits manager, or other third-
11
12 party payor network on the basis that the 340B entity
12
13 dispenses drugs subject to an agreement under 42
13
14 U.S.C., Section 256b, or refuse to contract with a
14
15 340B entity for reasons other than those that apply
15
16 equally to non-340B entities.
16
17 B. Nothing in this section applies to the Oklahoma Medicaid
17
18 program as payor when Medicaid provides reimbursement for covered
18
19 outpatient drugs as defined in 42 U.S.C., Section 1396r-8(k).
19
20 SECTION 4. NEW LAW A new section of law to be codified
20
21 in the Oklahoma Statutes as Section 5402 of Title 36, unless there
21
22 is created a duplication in numbering, reads as follows:
22
23 A. A manufacturer or distributor shall not deny, restrict,
23
24 prohibit, or otherwise interfere with, either directly or
24
Req. No. 759 Page 6
1 indirectly, the acquisition of a 340B drug by, or delivery of a 340B
1
2 drug to, a pharmacy that is under contract with a 340B entity and is
2
3 authorized under such contract to receive and dispense 340B drugs on
3
4 behalf of the covered entity unless such receipt is prohibited by
4
5 the United States Department of Health and Human Services.
5
6 B. A manufacturer or distributor shall not interfere with a
6
7 pharmacy contracted with a 340B entity.
7
8 SECTION 5. NEW LAW A new section of law to be codified
8
9 in the Oklahoma Statutes as Section 5403 of Title 36, unless there
9
10 is created a duplication in numbering, reads as follows:
10
11 A. The Attorney General may make rules and regulations
11
12 interpreting the provisions of this act, and shall make
12
13 recommendations to the Insurance Commissioner for enforcement with
13
14 the jurisdiction of the Insurance Commissioner.
14
15 B. The Insurance Commissioner may censure, suspend, revoke, or
15
16 refuse to issue or renew a license of or levy a civil penalty
16
17 against any person licensed under the insurance laws of this state
17
18 for any violation of this act.
18
19 C. In addition to or in lieu of any applicable censure,
19
20 suspension, or revocation of a license, a manufacturer, distributor,
20
21 health insurance issuer, pharmacy benefits manager, other third-
21
22 party payor, or its agent may be subject to a civil fine not less
22
23 than One Hundred Dollars ($100.00) and not greater than Ten Thousand
23
24
24
Req. No. 759 Page 7
1 Dollars ($10,000.00) for each violation of the provisions of this
1
2 act. A violation occurs each time a prohibited act is committed.
2
3 SECTION 6. NEW LAW A new section of law to be codified
3
4 in the Oklahoma Statutes as Section 5404 of Title 36, unless there
4
5 is created a duplication in numbering, reads as follows:
5
6 A. Nothing in this section is to be construed or applied to be
6
7 less restrictive than federal law for a person or entity regulated
7
8 by this act.
8
9 B. Nothing in this act is to be construed or applied to be in
9
10 conflict with any of the following:
10
11 1. Applicable federal law and related regulations; or
11
12 2. Other laws of this state if the state law is compatible with
12
13 applicable federal law.
13
14 C. Limited distribution of a drug required under 21 U.S.C.,
14
15 Section 355-1, is not to be construed as a violation of this
15
16 section.
16
17 SECTION 7. This act shall become effective November 1, 2025.
17
18
18
19 60-1-759 CAD 1/16/2025 3:01:37 PM
19
20
20
21
21
22
22
23
23
24
24
Req. No. 759 Page 8Every fact on this page links to its source, starting with the official bill record.