1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|SENATE BILL 1306 By: Hicks | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to prescription drugs; defining | | terms; prohibiting an insurer from modifying coverage | 8| under certain conditions; providing certain | | exceptions; providing for certain civil penalty; | 9| requiring promulgation of rules; providing for | | codification; and providing an effective date. | 10| | | | 11| | | | 12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 13| SECTION 1. NEW LAW A new section of law to be codified | | | 14|in the Oklahoma Statutes as Section 6850.2 of Title 36, unless there | | | 15|is created a duplication in numbering, reads as follows: | | | 16| A. As used in this section: | | | 17| 1. "Insurer" means an insurer as defined pursuant to Section | | | 18|6054 of Title 36 of the Oklahoma Statutes; | | | 19| 2. "Practitioner" means a practitioner as defined pursuant to | | | 20|Section 6054 of Title 36 of the Oklahoma Statutes; and | | | 21| 3. "Prescription drug" or "drug" means a prescription drug as | | | 22|defined pursuant to Section 367.2 of Title 59 of the Oklahoma | | | 23|Statutes. | | | 24| | | | Req. No. 2648 Page 1 ___________________________________________________________________________
1| B. An insurer shall not modify an insured's coverage of a | | | 2|prescription drug if the following conditions are met: | | | 3| 1. The drug has been previously preauthorized for coverage by | | | 4|the insurer or was listed on the formulary of the insurer at the | | | 5|time the insured was prescribed the drug by his or her practitioner; | | | 6| 2. The insured has already received the drug; and | | | 7| 3. A practitioner continued to prescribe the drug to the | | | 8|insured. | | | 9| C. Modification prohibited under this section shall include, | | | 10|but not be limited to: | | | 11| 1. Increasing the premium, co-payment, coinsurance, or | | | 12|deductible; | | | 13| 2. Denying or otherwise failing to provide continued coverage | | | 14|of the prescription drug; | | | 15| 3. Moving the drug to a more restrictive coverage category or | | | 16|tier; or | | | 17| 4. Replacing the brand-name drug for a generic drug after the | | | 18|insured has qualified for the brand-name drug pursuant to this | | | 19|section. | | | 20| D. Nothing in this section shall be construed to prohibit an | | | 21|insurer from modifying coverage of a prescription drug if: | | | 22| 1. The United States Food and Drug Administration has issued a | | | 23|statement calling into question the clinical safety of the drug; or | | | 24| | | | Req. No. 2648 Page 2 ___________________________________________________________________________
1| 2. The manufacturer of the drug has notified the United States | | | 2|Food and Drug Administration of a manufacturing discontinuance or | | | 3|potential discontinuance of the drug, as required by 21 U.S.C., | | | 4|Section 356c. | | | 5| E. Any insurer that violates the provisions of this section | | | 6|shall be subject to a civil penalty in an amount to be determined by | | | 7|the Insurance Commissioner. The Insurance Commissioner shall | | | 8|promulgate rules to effectuate the provisions of this section. | | | 9| SECTION 2. This act shall become effective November 1, 2026. | | | 10| | | | 11| 60-2-2648 CAD 12/29/2025 11:31:43 AM | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 2648 Page 3