HB 2048: Prescriptions; 340B Nondiscrimination Act; definitions; discriminatory actions; reimbursement; manufacturer; distributor; enforcement; Attorney General; Insurance Commissioner; violations; federal preemption; effective date. - Oklahoma

Floor (House) → Floor (Senate) · 7 edits

MODERATE

The bill was amended during its passage from the House to the Senate floor, primarily adding definitions and expanding protections for 340B drug discounts. The Senate version includes more detailed definitions of key terms and strengthens prohibitions against discriminatory practices by payors and pharmacy benefit managers.

Scope change

The bill's scope was expanded to include more comprehensive definitions and additional prohibited actions against 340B entities.

DEFINITION

Added detailed definitions for '340B drug', '340B entity', 'Pharmacy', and 'Pharmacy benefits manager' to clarify who and what the law protects.

REQUIREMENT

Added specific prohibitions against payors imposing fees, charges, clawbacks, or other adjustments on 340B entities that are not applied to non-340B entities.

Added restrictions on dispensing fees, network participation requirements, audit requirements, and claim processing requirements that could disadvantage 340B entities.

Added a prohibition against requiring 340B entities to reverse, resubmit, or clarify claims after initial adjudication unless it's normal pharmacy business practice.

Added a prohibition against discriminating against 340B entities in ways that prevent patients from choosing to receive drugs from these entities.

Added a prohibition against including discriminatory provisions in contracts between payors and 340B entities.

TECHNICAL

Changed the bill title from 'House Floor Version' to 'Senate Floor Version' and updated the date to April 23, 2025, reflecting the legislative process timeline.

Enrolled (final version) → Proposed Committee Substitute (full committee) 1 · 5 edits

MODERATE

The bill was substantially rewritten by a committee substitute, replacing the original text with a new version that maintains the core 340B nondiscrimination protections but modifies specific definitions and reimbursement restrictions. The committee version clarifies the definition of 'Pharmacy benefits manager' by referencing an existing state act, adds a new prohibition against reimbursing 340B entities that own or control pharmacies, and removes a provision about mail-order pharmacy reimbursement restrictions. These changes aim to refine how the law applies to different pharmacy arrangements while preserving the fundamental goal of preventing discrimination against entities participating in federal 340B drug discount programs.

Scope change

The bill's scope remains focused on protecting 340B entities from discriminatory practices by payers, but the specific entities and scenarios covered have been modified, particularly regarding pharmacy ownership relationships and mail-order pharmacy provisions.

DEFINITION

The definition of 'Pharmacy benefits manager' was changed from a detailed definition to a reference to the existing Patients Right to Pharmacy Care Act definition.

REQUIREMENT

Added a new prohibition preventing reimbursement to 340B entities that own, control, or are in partnership with pharmacies that fill 340B drugs.

Removed the prohibition against reimbursing 340B entities for drugs supplied by mail-order pharmacies.

Modified the list of prohibited discriminatory terms and conditions, reorganizing and clarifying the language around fees, charges, and network participation requirements.

TECHNICAL

Updated the bill title and statutory references to conform to the committee's amendments and removed the 'Insurance Department' enforcement language, keeping only Attorney General and Insurance Commissioner enforcement.

Engrossed → Enrolled (final version) · 1 edit · May 12, 2025

MINOR

The bill was finalized from its Engrossed version to the Enrolled version with no substantive policy changes. The text remains identical in content, though formatting was adjusted to match the official enrolled bill format. This final version will be used for codification into Oklahoma law.

TECHNICAL

Minor formatting adjustments including page number reorganization and standardization of bill header text from 'ENGROSSED HOUSE' to 'ENROLLED HOUSE' to reflect final passage status.

Introduced → Engrossed · 6 edits · May 8, 2025

MODERATE

The bill was amended to expand its scope and strengthen protections for 340B entities. Key changes include adding a Medicaid reimbursement exception, updating the effective date, clarifying enforcement authority, and modifying how the law is cited and codified.

Scope change

The bill now explicitly excludes provisions when Medicaid provides reimbursement for covered drugs, and the law is codified at Section 5400 instead of 5401.

REQUIREMENT

Added an exception making certain provisions inapplicable when Medicaid provides reimbursement for covered drugs.

Added provisions for information sharing, confidentiality requirements, and federal preemption language.

TECHNICAL

Changed the statute citation from Section 5401 to Section 5400 of Title 36.

TIMELINE

Updated the effective date language and added references to additional legislative chapters in the amendment history.

ENFORCEMENT

Modified enforcement language to explicitly authorize the Insurance Department to establish rules and regulations.

DEFINITION

Added a new definition for 'processed claims' and clarified PBM contract requirements.

Prescriptions; 340B Nondiscrimination Act; definitions; discriminatory actions; reimbursement; manufacturer; distributor; enforcement; Attorney General; Insurance Commissioner; violations; federal preemption; effective date.

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