TO: All Health Insurers and Pharmacy Benefits Managers (PBM)
FROM: Oklahoma Insurance Department
DATE: August 21, 2020
RE: Patient’s Right to Pharmacy Choice Act, title 36 O.S. § 6958 et seq.
The Oklahoma Insurance Department has been charged with the duty of enforcing the Patient’s Right to Pharmacy Choice Act. Since the Act has been in effect it has been the subject of litigation in federal court, Pharmaceutical Care Management Association v. Glen Mulready and Oklahoma Insurance Department, Case No. CIV-19-77-J, pending in the United States District Court for the Western District of Oklahoma, which has prevented the Commissioner from moving forward with enforcement.
On July 9, 2020, Judge Jones of the federal district court for the Western District of Oklahoma ruled the Commissioner can proceed with enforcement of the majority of the provisions of the Act. The Pharmaceutical Care Management Association (“PCMA”) appealed that ruling to the 10th Circuit Court of Appeals in Denver and filed an emergency motion to stay enforcement of the Act. On August 17, 2020, the 10th Circuit denied PCMA’s emergency motion.
The Commissioner will now proceed forward with enforcement of the Act currently excluding Medicare Advantage and Medicare Part D plans per the District Court’s order. As a result of uncertainties related to the pending litigation and after consultation with Attorney General Hunter, the Commissioner has determined that enforcement will begin for violations occurring on and after September 1, 2020.
Questions or concerns regarding this Special Notice should be directed to Ronald White, Director of PBM Regulatory Compliance, Oklahoma Insurance Department at firstname.lastname@example.org.