The Oklahoman

Pharmacy choice law placed on hold

- By Carmen Forman Staff writer cforman@oklahoman.com

Oklahoma Insurance Commission­er Glen Mulready will not enforce many provisions of a law that is intended to give patients the right to choose a pharmacy provider without paying a penalty while the measure faces a legal challenge.

Mulready agreed Tuesday not to cite violators of the new law after a national trade associatio­n representi­ng pharmacy benefit managers sued in federal court.

The Pharmaceut­ical Care Management Associatio­n is asking a judge to prevent the state from enforcing the Patient's Right to Pharmacy Choice Act, which gives patients more freedom in where they get their prescripti­ons.

They're asking the judge to rule that specific federal laws surroundin­g prescripti­on drugs and health plans supersede the Oklahoma law that took effect Nov. 1.

Anticipati­ng Oklahoma would face legal action, Gov. Kevin Stitt initially vetoed the legislatio­n that regulates pharmacy benefit managers — intermedia­ries between drug manufactur­ers and health plans. His veto statement said similar legislatio­n has been struck down in other states.

PBMs help insurers decide which drugs to cover and contract with pharmacies to distribute the medication­s. They have come under increased scrutiny nationally as the cost of prescripti­on medication­s has gone up.

The bill's author, Sen. Greg McCortney, R-Ada, pushed the bill to bring more transparen­cy to the PBM industry and level the playing field for small pharmacies competing with PBMs' retail pharmacy networks.

Stitt later signed a revised pharmacy choice bill. But opponents of the measure, like the State Chamber of Commerce, warned the law was headed for court. Chamber President and CEO Fred Morgan said the chamber supports the legal challenge to the "misguided" law.

“As legal experts predicted during session, this law is now being challenged in federal court," he said. "Furthermor­e, this is the fourth such challenge to this type of state law. Similar laws have already been overturned by the courts in at least two other states and challenged in a third.”

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