On February 20, the Senate Business and Insurance Committee scheduled a hearing for two PBM bills of interest to pharmacies, SB 789 addressing below cost reimbursements by establishing a reimbursement rate floor of no less than 106% of the NADAC plus a professional dispensing fee of $15.00, and SB 993 establishing requirements and limits for audits. NACDS submitted a support letter on SB 789.

Also in Oklahoma, Sen. Adam Pugh (R) filed SB 806 creating the Food is Medicine Act, directing Oklahoma Health Care Authority (OHCA) Medicaid to implement a financial incentive for contracted entities who improve health outcomes of covered members through nutrition services. OHCA is directed to seek federal approval from CMS to implement the Nourish My Health program. The state Department of Education will provide technical assistance with applying for grants and administering programs that expand student access to fresh, healthy food.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Legislature convened its biennial session on February 3. Several bills of interest to pharmacies have been filed. 

• SB 741 by Sen. Todd Gollihare (R) authorizes pharmacists to screen for and initiate drug therapy for minor, nonchronic health conditions in accordance with a standing order. The bill was referred to the Senate Health and Human Services Committee. 

• SB 906 by Sen. Paul Rosino (R) requires retail pharmacies to maintain a pharmacy technician-to-pharmacist ratio of up to five pharmacy technicians for every pharmacist and was referred to the Senate Health and Human Services Committee. 

• SB 907 by Sen. Paul Rosino (R) authorizes pharmacies to engage in product fulfillment with a central filling pharmacy if the pharmacies have the same owner or have entered into a written contract or agreement, share a common electronic file, or can access information required to dispense or process a prescription. The bill was referred to the Senate Health and Human Services Committee. 

• SB 789 by Sen. Todd Gollihare (R) establishes auditing requirements and a commercial rate floor ensuring that pharmacies are reimbursed no less than 106% of the National Average Drug Acquisition Cost (NADAC) plus a professional fee of $15.00. 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Legislature convenes on February 3, 2025.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

Earlier this month, the U.S. Supreme Court asked the Solicitor General to weigh in on whether a 2019 Oklahoma law establishing minimum, uniform pharmacy network access for patients and prohibiting pharmacy benefit managers from steering patients to obtain their prescription drugs from affiliated pharmacies is preempted by federal ERISA law or should be allowed to stand. The decision to seek the Solicitor General’s opinion follows multiple attempts to get SCOTUS to step in after the Tenth Circuit appeals court last year overturned a lower Oklahoma court ruling in Pharmaceutical Care Management Association v. Mulready.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Board of Pharmacy published the July 2024 newsletter. 

Also in Oklahoma, the next meeting of the Board of Pharmacy will be on September 18. 

Finally in Oklahoma, the Office of the Bureau of Narcotics and Dangerous Drugs (OBNDD) director Donnie Anderson released a statement on pharmacies filling controlled substance prescriptions written by out-of-state practitioners.  

For more information, contact NACDS’ Mary Staples at 817-442-1155.

A coalition of pharmacy groups, including American Pharmacies, Inc., the American Pharmacists Association, the National Community Pharmacists Association, the Oklahoma Pharmacists Association and NACDS, asked the U.S. Supreme Court to once again decide whether states can regulate pharmacy benefit managers after the Tenth Circuit Court of Appeals struck down a lower court that upheld a law passed by Oklahoma in 2019.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The Health Care Authority (OHCA) provided public notice of a proposed change in methods and standards for setting payment rates for services in the SoonerCare (Medicaid) program. Contingent upon CMS’ approval, effective July 1, 2024, the OHCA will reimburse pharmacists at a rate equal to other providers when providing services within their scope of practice. Vaccine administration is the only claimable service determined to be within the scope of practice of pharmacists at this time. The state plan amendment (SPA) establishes that services provided by pharmacists will be reimbursed in accordance with the reimbursement methodology currently established for physician services.

For more information, contact NACDS’ Mary Staples at 817-442-1155.

The legislature adjourned sine die on May 30.

SB 232, legislation allowing pharmacists to screen and treat for minor ailments and other conditions, dispense hormonal contraceptives without a prescription and increase the pharmacy technician ratio from two to three, died due to the early adjournment of the legislature.

Two PBM reform bills that pharmacies supported because they enhanced the Attorney General’s enforcement authority, addressed MAC pricing and audits, were enacted into law. SB 1670 / HB 3376 

For more information, contact NACDS’ Mary Staples at 817-442-1155.

SB 232, legislation that will allow pharmacists to screen and treat for minor ailments and other conditions, dispense hormonal contraceptives without a prescription and increase the pharmacy technician ratio from two to three, was sent to a House/Senate conference committee on May 28 to work out the differences. The Legislature is scheduled to adjourn its regular session by 5:00 pm on May 31.

For more information, contact NACDS’ Mary Staples at 817-442-1155.