The US Supreme Court has declined to review the PCMA v. Mulready case, marking a significant setback for efforts to protect patients and pharmacies from harmful practices by PBMs. This decision upholds the 10th Circuit’s ruling, which struck down key provisions of the state’s Patient’s Right to Pharmacy Choice Act on the grounds that they are preempted by ERISA and Medicare Part D. As a result, the state now faces limited options for safeguarding pharmacies and ensuring patient access to the medications they need.

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

Gov. Kevin Stitt (R) appointed, and the Legislature confirmed Walmart pharmacist Shannon Griggs to serve a five-year term on the Board of Pharmacy, beginning July 1 and expiring June 30, 2030. Griggs is replacing Mark St. Cyr. 

Also in Oklahoma, SB 789, a PBM reform bill banning effective rate contracts, providing network transparency and reimbursement appeal protections, was enacted without Gov. Kevin Stitt's (R) signature. 

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

Gov. Kevin Stitt (R) signed into law two bills of importance to pharmacies: 

• SB 806, the Food is Medicine bill, will improve access to essential nutrition services for Medicaid beneficiaries utilizing an 1115 waiver.  

• SB 906, legislation enhancing pharmacies' capacity to deliver essential pharmacy care services by increasing the current restrictive pharmacy technician to pharmacist ratio in retail pharmacies from 2:1 up to 4:1.  

Also in Oklahoma, Gov. Stitt (R) vetoed SB 773, legislation pharmacies supported that would give the Attorney General (AG) greater enforcement authority. In his veto message, the Governor accused the Attorney General of trying to grow his office and expand his authority, and that "he has shown again and again that he will abuse it". 

Also in Oklahoma, Gov. Stitt (R) selected, and the Senate officially confirmed the appointment of Walmart pharmacist, Shannon Griggs, to serve a five-year term on the Board of Pharmacy, succeeding Mark St. Cyr.  

Finally in Oklahoma, SB 789 that was amended in the House removing the rate floor language that triggered the $28M fiscal note, passed the Senate on May 21. The bill provides network transparency and reimbursement appeal protections. It was sent to the Governor's office. 

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

NACDS sent Gov. Kevin Stitt (R) a letter asking him to sign SB 806, the Food is Medicine bill that would improve access to essential nutrition services for Medicaid beneficiaries and incentivize improvements in their health, utilizing an 1115 waiver. 

Also in Oklahoma, SB 789 was amended in the House removing the rate floor language that triggered the fiscal note, and returned to the Senate for concurrence. 

Finally in Oklahoma, SB 906, legislation that empowers pharmacists to optimize the pharmacy technician workforce and delegate more administrative and technical activities that do not require a pharmacist's by expanding the pharmacist-to-pharmacy technician ratio to 4:1, passed both houses and was sent to Gov. Kevin Stitt (R). NACDS sent a support letter asking Gov. Stitt (R) to sign the bill into law. 

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

NACDS sponsored the Oklahoma Pharmacy Day at the Capitol, this week where more than 200 pharmacists, interns and students from all practice settings gathered wearing white coats to spend the day advocating for the profession.

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

Three PBM reform bills community pharmacies supported were unanimously approved by the Senate Business and Insurance Committee and will now advance to the full Senate.   

• SB 789 addresses 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; NACDS sent a support letter;  

• SB 993 sets requirements and limits for audits; and 

• SB 773 enhances the Attorney General's enforcement authority ensuring proper reimbursement. 

 Also in Oklahoma, NACDS and the Your Care Coalition rallied support for SB 741, the test and treat bill, before the Senate Health and Human Services Committee on March 3. The bill title was amended and passed out of the committee. The next action will be on the Senate floor. 

Also in Oklahoma, SB 806, Food is Medicine legislation that would improve access to important nutrition services for SoonerCare beneficiaries by incentivizing improvements in their health and controlling healthcare costs by seeking a 1115 waiver, passed out of the Senate Health and Human Services Committee and was referred to the full Senate. NACDS sent the Senators a support letter. 

Finally in Oklahoma, legislation all pharmacies support, SB 906 by Sen. Paul Rosino (R), increasing the retail pharmacy technician to pharmacist ratio from 2:1 to 4:1, which is what is currently the ratio in other practice settings, cleared the Senate Health and Human Service Committee and referred to the Senate floor. 

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

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.