The 340B Drug Pricing Nondiscrimination Act is designed to protect 340B entities from discriminatory practices by health insurance issuers, pharmacy benefits managers (PBMs), and other third-party payors. The bill prohibits these entities from reimbursing 340B entities at lower rates than non-340B entities, imposing different terms or conditions, or interfering with patient choice regarding medication access. It also restricts manufacturers and distributors from limiting access to drugs purchased under the 340B program and establishes penalties for violations, including civil fines ranging from $100 to $10,000 per incident. The legislation amends existing Oklahoma statutes to include definitions related to 340B drugs and empowers the Attorney General to create enforcement rules, ensuring compliance with federal standards.

Additionally, the bill introduces specific prohibitions and requirements for PBMs concerning 340B drug pricing. It mandates that claims related to 340B pricing be processed without additional modifiers unless billed to Oklahoma Medicaid and ensures that patient copayments are not altered based on a provider's 340B participation. The bill also requires PBM contracts to allow pharmacies to inform patients about cost differences and mandates transparency in drug pricing and rebates. Enforcement mechanisms are established, allowing the Attorney General to impose penalties for violations, with a framework for public hearings and appeals. The act is set to take effect on November 1, 2025.

Statutes affected:
Introduced: 36-6960, 36-6962