Vote Smart's Synopsis:

Vote to override a veto on a bill that prohibits insurers and pharmacy benefit managers from discriminatory reimbursement actions in Oklahoma.

Highlights:

• Establishes the 340B Nondiscrimination Act, and provides the following definitions (Sec. 1-2):

• Defines “340B drug” as a drug that has been subject to any offer for reduced prices by a manufacturer; and

• Defines “340B entity” as an entity participating or authorized to participate in the federal 340B drug discount program.

• Prohibits a health insurer, pharmacy benefits manager, other third-party payor, or its agent from the following (Sec. 3):

• Reimbursing a 340B entity for 340B drugs at a rate lower than that paid for the same drug to non-340B entities;

• Imposing terms or conditions on any 340B entity that differ from such terms for non-340B entities;

• Requiring a 340B entity to reverse, resubmit, or clarify a claim related to 340B drug pricing;

• Discriminating against a 340B entity in a manner that prevents or interferes with any patient’s choice to receive drugs from the 340B entity;

• Requiring or compelling the submission of ingredient costs for 340B drugs; and

• Excluding any 340B entity for reasons other than those that apply equally to non-340B entities.

• Prohibits a manufacturer from denying, restricting, prohibiting, or otherwise interfering with the acquisition of a 340B drug by a 340B entity or pharmacy contracted with a 340B entity (Sec. 4).

• Amends current code to prohibit pharmacy benefit managers from the following (Sec. 8):

• Requiring a billing modifier to indicate that a drug or claim is a 340B drug pricing claim, unless it is billed to the Oklahoma Medicaid Program;

• Modifying a patient copayment on the basis that the provider participates in 340B drug pricing; and

• Excluding a provider from a network on the basis that it participates in 340B drug pricing.

Full Bill Text

Vote Smart's Synopsis:

Vote to override a veto on a bill that prohibits insurers and pharmacy benefit managers from discriminatory reimbursement actions in Oklahoma.

Highlights:

• Establishes the 340B Nondiscrimination Act, and provides the following definitions (Sec. 1-2):

• Defines “340B drug” as a drug that has been subject to any offer for reduced prices by a manufacturer; and

• Defines “340B entity” as an entity participating or authorized to participate in the federal 340B drug discount program.

• Prohibits a health insurer, pharmacy benefits manager, other third-party payor, or its agent from the following (Sec. 3):

• Reimbursing a 340B entity for 340B drugs at a rate lower than that paid for the same drug to non-340B entities;

• Imposing terms or conditions on any 340B entity that differ from such terms for non-340B entities;

• Requiring a 340B entity to reverse, resubmit, or clarify a claim related to 340B drug pricing;

• Discriminating against a 340B entity in a manner that prevents or interferes with any patient’s choice to receive drugs from the 340B entity;

• Requiring or compelling the submission of ingredient costs for 340B drugs; and

• Excluding any 340B entity for reasons other than those that apply equally to non-340B entities.

• Prohibits a manufacturer from denying, restricting, prohibiting, or otherwise interfering with the acquisition of a 340B drug by a 340B entity or pharmacy contracted with a 340B entity (Sec. 4).

• Amends current code to prohibit pharmacy benefit managers from the following (Sec. 8):

• Requiring a billing modifier to indicate that a drug or claim is a 340B drug pricing claim, unless it is billed to the Oklahoma Medicaid Program;

• Modifying a patient copayment on the basis that the provider participates in 340B drug pricing; and

• Excluding a provider from a network on the basis that it participates in 340B drug pricing.

Full Bill Text

Vetoed by Governor Kevin Stitt