Okla. Stat. tit. 59, § 59-368: Access to prescription drugs for low income Oklahomans

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.