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OK HB2048
Bill
Status
5/29/2025
Primary Sponsor
Preston Stinson
Click for details
AI Summary
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Creates the "340B Nondiscrimination Act" prohibiting health insurers, pharmacy benefits managers (PBMs), and third-party payors from reimbursing 340B entities at lower rates than non-340B entities or imposing discriminatory fees, charges, or network restrictions based on 340B program participation.
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Prohibits drug manufacturers from denying, restricting, or interfering with 340B entity acquisition or delivery of 340B drugs, and requires 340B entities to contract with any willing pharmacy within a 15-mile radius upon mutually agreeable terms.
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Authorizes civil fines of $100 to $10,000 per violation, with enforcement split between the Insurance Department (for health insurers) and Attorney General (for non-insurer entities including PBMs and manufacturers).
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Amends the Patient's Right to Pharmacy Choice Act to prohibit PBMs from discriminating against 340B providers, requiring billing modifiers for 340B claims (except for Medicaid), modifying patient copayments based on 340B status, or basing formulary decisions on 340B participation.
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Effective November 1, 2025; exempts Oklahoma Medicaid program reimbursements for covered outpatient drugs from the nondiscrimination provisions.
Legislative Description
Prescriptions; 340B Nondiscrimination Act; definitions; discriminatory actions; reimbursement; manufacturer; distributor; enforcement; Attorney General; Insurance Commissioner; violations; federal preemption; effective date.
Last Action
Filed with Secretary of State
5/29/2025