White Bagging Law – OKLAHOMA

OKLAHOMA SUMMARY OF EXISTING LAW

Prohibits PBMs from requiring patients to use pharmacies that are directly or indirectly owned by the PBMs, including all regular prescriptions, refills or specialty drugs regardless of day supply.

Links to Proposed Laws: Okla. Stat. Ann. tit. 36, § 6961

PRACTICAL NOTE FOR EXISTING LAW

While the law does not prohibit white bagging directly, it could serve as a basis to prohibit mandatory use of a PBM’s wholly-owned pharmacy as a condition to obtain coverage for drugs administered in a physician’s office. The PBMs could still, however, simply move the drug from a medical benefit to a pharmacy benefit, requiring a practice to be enrolled with the PBM to obtain coverage.