Oklahoma Code § 59-368

Title 59. Professions And Occupations: Access to prescription drugs for low income Oklahomans
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A.  1.  This act shall be known and may be cited as the
“Oklahoma Prescription Drug Discount Program Act of 2005”.
2.  Recognizing that many Oklahomans do not have health
insurance coverage for prescription drugs, the Oklahoma Legislature
hereby establishes provisions to increase access to prescription
drugs for low income Oklahomans.
B.  The Oklahoma Health Care Authority shall contract with a
pharmacy benefit manager for the administration of a prescription
drug discount program.  Oklahoma incorporated entities having a
strong working relationship with Oklahoma’s pharmacies should be
given preference when selecting the administrating entity to ensure
Oklahoma pharmacy’s participation and to ensure the success of the
program.  The prescription drug discount program will:
1.  Enable persons without prescription drug coverage to be
linked to appropriate manufacturer-sponsored prescription drug
programs via the use of computer software;
2.  Establish agreements with prescription drug manufacturers
that outline available discounts and drugs, and in which
prescription drug manufacturers agree to allow the Oklahoma Health
Care Authority contracted pharmacy benefit manager to be the means
testing agent for their programs;
3.  Negotiate prescription drug discounts with manufacturers and
utilize Medicaid reimbursement for pharmacy networks and implement a
“one-stop” Oklahoma Prescription Drug Discount program for uninsured
Oklahomans and their families.  All negotiated manufacturer drug
discounts shall be provided as a one-hundred-percent pass-through
discount to the plan participant.  The plan administrator will be
required to provide the Oklahoma Health Care Authority full
disclosure and transparency of financial relationships with
manufacturers for this program, and will include right-to-audit
provisions in all contracts with the Oklahoma Health Care Authority;

4.  Ensure that one hundred percent (100%) of the savings from
prescription drug manufacturers and pharmacies is passed on to the
consumer;
5.  Enroll persons into a prescription drug discount card
program using specialized computer software that will allow the
consumer to have access via a single application process to all
participating prescription drug manufacturer discount programs;
6.  Include outreach and advertising of the program in order to
provide access to the program to potential consumers who do not have
access to prescription drug coverage; and
7.  Charge a basic enrollment fee to cover the administrative
costs of the program; provided, however, this provision shall not
apply to an applicant whose income is less than 150% of the Federal
Poverty Level.  Provided further, dispensing fees shall not exceed
allowable Medicaid rates.
C.  Nothing in this act shall be construed to allow public
disclosure of any proprietary pricing information as contained in
contractual agreements between a pharmaceutical manufacturer and the
Oklahoma Health Care Authority, or a pharmacy benefit manager under
contract with the Oklahoma Health Care Authority to be the means
testing agent for the program.

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