The Oklahoma Insurance Department (OID) has become aware of inaccurate and misleading communications affecting Oklahoma consumers. Several large employers have sent letters to their employees with erroneous information regarding changes to their CVS/Caremark prescription program.
One of the most troubling inaccuracies is the claim that the law in Oklahoma no longer allows for 90-day prescriptions. The law (HB2632, creating the Patient’s Right to Pharmacy Choice Act) in Oklahoma does allow for the filling of 90-day supply prescriptions. However, it is against the law to incentivize patients to fill prescriptions through mail order rather than their pharmacy of choice. Furthermore, some letters claimed that the Oklahoma Insurance Commissioner would begin enforcing HB2632 on Feb. 23, 2023. The Oklahoma Insurance Department has been enforcing this law since September 2020.
Oklahoma Insurance Commissioner Glen Mulready stated: “It is concerning that these misrepresentations are being spread to employees in Oklahoma. The facts are that as part of a legal settlement with CVS/Caremark, letters were supposed to be sent out to consumers explaining their options for prescriptions and instead of clarifying, the letters that were sent have only spread more misinformation to the citizens of this great state.”
The Oklahoma Insurance Department has issued $3.5 million in fines to pharmacy benefit managers and overseen $700,000 in reimbursements to local pharmacies since enforcement of this law began on Sept. 1, 2020.
“OID is committed to ensuring the people of Oklahoma have access to accurate information regarding their healthcare needs,” states a release from Mulready’s office. “We urge Oklahoma employers to verify the accuracy of their communications before sending them to their employees.”
Direct questions to Ashley Scott, Director of PBM Compliance and Enforcement, at Ashley.scott@oid.ok.gov.
Reporter: Duncan Banner Staff
Surprise, surprise that more disinformation is being spread. My suggestion is that all letters being sent to consumers in OK be approved by the insurance commissioners office for factual accuracy much like info sent to Part D recipients must be approved by CMS. If PBMs cannot/will not produced factual letters then the insurance commissioner needs to produce the letter/information for them.