Bill Text For HB1713 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                           April 11, 2024                              |
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 3|ENGROSSED HOUSE                                                        |
  |BILL NO. 1713                        By: Marti of the House            |
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  |                                         Garvin and Hicks of the       |
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 9|       An Act relating to pharmacies; defining terms;                  |
  |       creating certain requirements; creating a penalty;              |
10|       providing for codification; and declaring an                    |
  |       emergency.                                                      |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     NEW LAW     A new section of law to be codified     |
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15|in the Oklahoma Statutes as Section 6969 of Title 36, unless there     |
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16|is created a duplication in numbering, reads as follows:               |
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17|    A.  As used in this section:                                       |
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18|    1.  "Health benefit plan" means a health benefit plan as defined   |
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19|pursuant to Section 6060.4 in Title 36 of the Oklahoma Statutes;       |
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20|    2.  "Pharmacy benefits manager" means a person that performs       |
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21|pharmacy benefits management and any other person acting for such      |
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22|person under a contractual or employment relationship in the           |
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23|performance of pharmacy benefits management for a managed-care         |
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24|company, not-for-profit hospital, medical services organization,       |
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 1|insurance company, third-party payor, or a health program              |
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 2|administered by a state agency; and                                    |
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 3|    3.  "White bagged drugs" means the distribution of physician       |
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 4|administered medication from a pharmacy, typically a specialty         |
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 5|pharmacy, to the physician's office, hospital, or clinic for           |
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 6|administration.                                                        |
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 7|    B.  All health benefit plans and pharmacy benefits managers in     |
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 8|this state shall not refuse to authorize, approve, or pay a            |
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 9|participating provider for providing covered physician-administered    |
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10|drugs to covered persons.                                              |
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11|    C.  All white bagged drugs distributed in this state shall meet    |
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12|supply chain security controls set forth by the federal Drug Supply    |
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13|Chain Security Act as amended.                                         |
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14|    D.  A health benefit plan or a pharmacy benefits manager of a      |
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15|plan shall not require a covered patient to self-administer an         |
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16|injectable drug against a health care provider's recommendation in     |
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17|accordance with the manufacturer's approved guidelines.                |
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18|    E.  Health benefit plans shall not require a covered patient to    |
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19|pay additional fees for white bagged drugs beyond cost-sharing         |
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20|obligations as outlined in the individual's plan.                      |
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21|    F.  Providers and health care facilities shall be permitted to     |
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22|dispense and administer a covered physician-administered drug based    |
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23|on a patient's best interest, provided that the health care facility   |
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24|or provider that administers the drug shall agree to the terms and     |
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arsid11239104 SENATE FLOOR VERSION - HB1713 SFLR                   Page 2
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 1|conditions of network participation and accept, as payment in full,    |
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 2|reimbursement for the drug at the health insurer's negotiated          |
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 3|contracted rate.  The health care facility or provider is prohibited   |
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 4|from billing or collecting from the patient any amount in excess of    |
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 5|or in addition to the patient's cost sharing obligations as outlined   |
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 6|in the individual's plan.                                              |
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 7|    G.  Any payor in violation of this act shall be fined a minimum    |
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 8|of Five Thousand Dollars ($5,000.00) per violation, but not more       |
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 9|than Ten Thousand Dollars ($10,000.00) per violation.  Fines related   |
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10|to this section shall not be used when calculating payors, plans, or   |
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11|members loss ratios and losses incurred pursuant to this subsection    |
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12|shall not be passed on to the consumer in future rate increases.       |
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13|    SECTION 2.  It being immediately necessary for the preservation    |
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14|of the public peace, health or safety, an emergency is hereby          |
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15|declared to exist, by reason whereof this act shall take effect and    |
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16|be in full force from and after its passage and approval.              |
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17|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES            |
  |April 11, 2024 - DO PASS                                               |
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arsid11239104 SENATE FLOOR VERSION - HB1713 SFLR                   Page 3
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