1| STATE OF OKLAHOMA |
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2| 2nd Session of the 60th Legislature (2026) |
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3|SENATE BILL 1563 By: Rosino |
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6| AS INTRODUCED |
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7| An Act relating to nonopioid drugs; amending Section |
| 2, Chapter 124, O.S.L. 2024 (63 O.S. Supp. 2025, |
8| Section 5031), which relates to the state Medicaid |
| program; adding definition; modifying certain |
9| restrictions on the Medicaid drug formulary; defining |
| terms; authorizing carrier of state employee flexible |
10| benefit plan to adopt a state preferred drug list |
| (PDL); prohibiting carrier from imposing certain |
11| utilization controls in PDL; specifying applicability |
| of certain provisions; providing for codification; |
12| and providing an effective date. |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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16| SECTION 1. AMENDATORY Section 2, Chapter 124, O.S.L. |
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17|2024 (63 O.S. Supp. 2025, Section 5031), is amended to read as |
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18|follows: |
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19| Section 5031. A. As used in this section, "contracted entity": |
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20| 1. "Contracted entity" has the same meaning as provided by |
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21|Section 4002.2 of Title 56 of the Oklahoma Statutes; and |
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22| 2. "Nonopioid drug" has the same meaning as provided by Section |
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23|2 of this act. |
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1| B. In establishing and maintaining the formulary for the state |
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2|Medicaid program, the Oklahoma Health Care Authority shall ensure |
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3|that no not establish more restrictive or more extensive utilization |
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4|controls including, but not limited to, more restrictive or more |
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5|extensive prior authorization requirements or step therapy |
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6|requirements, for any nonopioid drug approved by the United States |
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7|Food and Drug Administration (FDA) for the treatment or management |
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8|of pain shall be disadvantaged or discouraged by either the |
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9|Authority or a contracted entity with respect to coverage on the |
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10|formulary relative to any opioid or narcotic drug for the treatment |
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11|or management of pain than the least restrictive or extensive |
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12|utilization controls applicable to any opioid or narcotic drug that |
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13|is FDA-approved for the treatment or management of pain. |
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14| C. When a contracted provider prescribes an FDA-approved |
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15|nonopioid drug for the treatment or management of pain, the |
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16|Authority or a contracted entity shall not deny coverage of the |
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17|nonopioid drug in favor of an opioid drug. |
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18| D. This section does not preclude opioid drugs from being |
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19|preferred over other opioid drugs or nonopioid drugs from being |
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20|preferred over other nonopioid drugs. |
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21| SECTION 2. NEW LAW A new section of law to be codified |
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22|in the Oklahoma Statutes as Section 1313.1 of Title 74, unless there |
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23|is created a duplication in numbering, reads as follows: |
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24| A. As used in this section: |
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1| 1. "Carrier" has the same meaning as provided in Section 1303 |
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2|of Title 74 of the Oklahoma Statutes; |
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3| 2. "Flexible benefit plan" has the same meaning as the term |
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4|"plan" as defined in the Oklahoma State Employees Benefits Act, |
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5|Section 1363 of Title 74 of the Oklahoma Statutes, and includes any |
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6|such plan, whether the carrier is the State of Oklahoma or a |
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7|state-designated health maintenance organization (HMO); and |
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8| 3. "Nonopioid drug" means a drug or biological product that is |
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9|indicated to produce analgesia without acting on the body's opioid |
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10|receptors, for which there is no other drug or product that is rated |
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11|as therapeutically equivalent under the United States Food and Drug |
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12|Administration's most recent publication of "Approved Drug Products |
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13|with Therapeutic Equivalence Evaluations". |
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14| B. Except as otherwise provided in this section, a carrier, for |
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15|purposes of offering a flexible benefit plan, may adopt or amend a |
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16|state preferred drug list (PDL). |
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17| C. In establishing and maintaining the PDL, the carrier shall |
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18|not establish more restrictive or more extensive utilization |
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19|controls including, but not limited to, more restrictive or more |
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20|extensive prior authorization requirements or step therapy |
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21|requirements, for any nonopioid drug approved by the United States |
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22|Food and Drug Administration (FDA) for the treatment or management |
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23|of pain than the least restrictive or extensive utilization controls |
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1|applicable to any opioid or narcotic drug that is FDA-approved for |
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2|the treatment or management of pain. |
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3| D. This section applies to a nonopioid drug: |
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4| 1. That has been reviewed and approved for coverage by a |
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5|flexible benefit plan or carrier; or |
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6| 2. Provided under a contract between the carrier and a pharmacy |
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7|benefits manager for purposes of a flexible benefit plan. |
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8| SECTION 3. This act shall become effective January 1, 2027. |
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10| 60-2-2479 DC 1/12/2026 8:28:26 PM |
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