{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-6965","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-6965","heading":"Power and authority to investigate, examine, and enforce","body":"A. The Attorney General shall have power and authority to\n\nexamine and investigate the affairs of every pharmacy benefits\n\nmanager (PBM) engaged in pharmacy benefits management in this state\n\nin order to determine whether such entity is in compliance with the\n\nPatient’s Right to Pharmacy Choice Act, the Pharmacy Audit Integrity\n\nAct, and Sections 357 through 360 of Title 59 of the Oklahoma\n\nStatutes.\n\nB. The Attorney General shall have the power and authority to\n\nsubpoena witnesses and records, whether prior to or during an\n\ninvestigation or prosecution of a complaint, from any relevant\n\nentity or persons to ensure compliance with the Patient’s Right to\n\nPharmacy Choice Act, the Pharmacy Audit Integrity Act, and Sections\n\n357 through 360 of Title 59 of the Oklahoma Statutes.\n\nC. All PBM files and records shall be subject to examination by\n\nthe Attorney General or by duly appointed designees. The Attorney\n\nGeneral, authorized employees and examiners shall have access to any\n\nof a PBM’s files and records that may relate to a particular\n\ncomplaint under investigation or to an inquiry or examination by the\n\nAttorney General.\n\nD. Every officer, director, employee or agent of the PBM, upon\n\nreceipt of any inquiry from the Attorney General, shall, within\n\ntwenty (20) days from the date the inquiry is sent, furnish the\n\nAttorney General with an adequate response to the inquiry.\n\nE. When making an examination under this section, the Attorney\n\nGeneral may retain subject matter experts, attorneys, appraisers,\n\nindependent actuaries, independent certified public accountants or\n\nan accounting firm or individual holding a permit to practice public\n\naccounting, certified financial examiners or other professionals and\n\nspecialists as examiners, the cost of which shall be borne by the\n\nPBM that is the subject of the examination.\n\nF. 1. Protected health information (PHI) held by a PBM shall\n\nbe provided at the request of the Attorney General for the purpose\n\nof conducting investigations into potential violations of state laws\n\nand regulations related to the PBM. Disclosure of protected health\n\ninformation shall be limited to the extent necessary for the\n\ninvestigation and enforcement of state law.\n\n2. All disclosures of protected health information shall be\n\nmade in compliance with all applicable federal and state privacy\n\nlaws, including the Health Insurance Portability and Accountability\n\nAct of 1996 (HIPAA), and other relevant laws protecting the privacy\n\nand confidentiality of health information.\n\n3. Any protected health information obtained for an\n\ninvestigation shall be handled and maintained per applicable federal\n\nand state privacy laws and regulations, including HIPAA.\n\n4. Unauthorized disclosure of protected health information\n\nobtained during an investigation is strictly prohibited and subject\n\nto legal penalties.\n\nG. 1. If the Attorney General, after notice and opportunity\n\nfor hearing, finds that any PBM operating within this state has not\n\nfully cooperated with an investigation or inquiry conducted by the\n\nAttorney General related to compliance with the Patient’s Right to\n\nPharmacy Choice Act, the Pharmacy Audit Integrity Act, and Sections\n\n357 through 360 of Title 59 of the Oklahoma Statutes, the Attorney\n\nGeneral may instruct the Insurance Commissioner that the PBM be\n\ncensured or his or her license be suspended or revoked. If the\n\nAttorney General makes such instruction, the Commissioner shall\n\nenforce the instructed action within thirty (30) days.\n\n2. In addition to or in lieu of any censure, suspension, or\n\nrevocation by the Commissioner, the Attorney General may levy a\n\ncivil or administrative fine not less than One Hundred Dollars\n\n($100.00) and not greater than Ten Thousand Dollars ($10,000.00) for\n\neach violation of this subsection and assess any other penalty or\n\nremedy authorized by this act. For purposes of this section, each\ndays.\n\n2. In addition to or in lieu of any censure, suspension, or\n\nrevocation by the Commissioner, the Attorney General may levy a\n\ncivil or administrative fine not less than One Hundred Dollars\n\n($100.00) and not greater than Ten Thousand Dollars ($10,000.00) for\n\neach violation of this subsection and assess any other penalty or\n\nremedy authorized by this act. For purposes of this section, each\n\nday a PBM fails to comply with an investigation or inquiry may be\n\nconsidered a separate violation.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8dfb51a1540bc2bcb03601676c8f5e1f829426d20b123727f3d1fb4fb75c9f8b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-6964","next":"us-ok/okla.-stat.-tit.-36-36-6966.1"},"notice":"GroundRules: Original legal text. Not legal advice."}