Bill No. 2048, titled the "340B Nondiscrimination Act," seeks to eliminate discriminatory practices against entities involved in the federal 340B drug discount program. It establishes that health insurance issuers, pharmacy benefits managers (PBMs), and other third-party payors are prohibited from reimbursing 340B entities at lower rates than non-340B entities or imposing additional administrative burdens. The bill also prevents manufacturers from interfering with the acquisition or delivery of 340B drugs and requires 340B entities to contract with any willing pharmacy within a specified radius.
Additionally, the bill enhances the enforcement capabilities of the Oklahoma Insurance Department and the Attorney General, allowing them to impose civil fines for violations. It introduces new definitions and requirements for PBMs, including prohibiting them from charging fees related to claim adjudication and ensuring fair reimbursement practices. The bill also mandates that PBMs cannot discriminate against providers based on their 340B participation and must make formulary decisions based on standard business practices. The act is designed to ensure transparency in PBM operations and will take effect on November 1, 2025.
Statutes affected: Introduced: 36-6960, 36-6962
Floor (House): 36-6960, 36-6962
Engrossed: 36-6960, 36-6962