State Legislation

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As a service to our clients, CorVel is providing links to information related to the COVID-19 pandemic provided by the states.

 

Legislature Status: Special session April 6, legislature approves COVID-19 health emergency declaration

• Oklahoma State Department of Health coronavirus resource page.
• April 10, 2020 – The Governor announced a comprehensive hospital surge plan in anticipation of peak cases in the coming weeks. Specifically, the plan has three components:
  • The initial phase aims to increase existing hospitals capacities by 40 percent;
  • The second phase includes OSU Medical Center in Tulsa and a hospital in the Oklahoma City metro areas to be used as flex sites; and,
  • The third phase, if needed, will leverage additional facilities constructed by the U.S. Army Corps of Engineers with assistance from the Oklahoma National Guard.
• April 10, 2020 – The Governor approved more than 450 offenders for commutations to decrease prison overcrowding and reduce the risk of community transmission upon reentry.
• April 10, 2020 – The Governor reminded residents of the order limiting gatherings of people to 10 or less applies during Easter. Stitt said during a press conference Friday that he would be watching an Easter church service at his home with his family on Sunday and encouraged others to do the same.

Legislation

• HCR 1017  Relates to adjournment of the legislature for a period in excess of 3 days. Adopted.
• HR 1033  Relates to declaring emergency conditions under the House Rules. Adopted.
• SB 1053 Appropriates $201 million from the Constitutional Reserve Fund to the Revenue Stabilization Fund in response to the coronavirus public health emergency. Enacted.

Oklahoma Regulatory Updates 3/6/2023

HB 2836 – Workers’ Compensation; Benefits; Fees; Effective Date.

Issues: Workers’ Compensation (General)

Summary:

This measure allows the commission to extend vocation training benefits up to an additional 52 weeks by special order. It also allows for extension of temporary total disability benefits during this and the evaluation period. It is effective November 1, 2023.

Most Recent Update:

2/16/2023 This measure was heard on February 16 in the House Judiciary Civil Committee. It passed the committee by a unanimous vote. This measure is eligible for consideration in the House chamber.

Oklahoma Regulatory Updates 2/6/2023

SB 411 – Workers’ Compensation; Clarifying Date of Injury For Cumulative Trauma. Effective Date.

Issues: Workers’ Compensation (General)

Summary:

This measure sets the date of injury for cumulative trauma to be the date of injurious exposure prior to filing a workers’ compensation claim

Most Recent Update:

1/16/2023 This measure has been prefiled for the 2023 legislative session which convenes on February 6, 2023.This measure is eligible for formal introduction and subsequent committee referral.

SB 413 – Workers’ Compensation; Defining Term. Effective Date.

Issues: Workers’ Compensation (General)

Summary:

For purposes of workers’ compensation, this measure defines the date of issuance of medical benefits as the date of service of the medical benefit.

Most Recent Update:

1/16/2023 This measure has been prefiled for the 2023 legislative session which convenes on February 6, 2023.This measure is eligible for formal introduction and subsequent committee referral.

HB 1438 – Workers’ Compensation; Oklahoma Workers’ Compensation Law Amendments Act of 2023; Effective Date.

Issues: Workers’ Compensation (General)

Summary:

This is a placeholder bill.

Most Recent Update:

1/18/2023 This measure has been prefiled for the 2023 legislative session which convenes on February 6, 2023.This measure is eligible for formal introduction and subsequent committee referral.

HB 1738 – Workers’ Compensation; Death Benefits; Effective Date.

Issues: Workers’ Compensation (General)

Summary:

This measure increases the maximum workers’ compensation death benefit for more than two children up to $100,000. It is effective November 1, 2023.

Most Recent Update:

1/18/2023 This measure has been prefiled for the 2023 legislative session which convenes on February 6, 2023.This measure is eligible for formal introduction and subsequent committee referral.

SB 739 – Workers’ Compensation; Providing For Dissolution of Workers’ Compensation Court of Existing Claims at Certain Time or Upon Certain Occurrence; Extending Term of Certain Judge. Emergency. 

Issues: Workers’ Compensation (General)

Summary:

This measure dissolves the Workers’ Compensation Court of Existing Claims as of July 1, 2027, or upon reaching fewer than 5000 cases remaining prior to 2014.

Most Recent Update:

1/18/2023 This measure has been prefiled for the 2023 legislative session which convenes on February 6, 2023.This measure is eligible for formal introduction and subsequent committee referral.

HB 2375 – Workers’ Compensation; Court of Existing Claims; Terms; Emergency.

Issues: Workers’ Compensation

Summary:

This measure extends the Workers’ Compensation Court of Existing Claims to 2028.

Most Recent Update:

1/19/2023 This measure has been prefiled for the 2023 legislative session which convenes on February 6, 2023.This measure is eligible for formal introduction and subsequent committee referral.

Oklahoma Regulatory Updates 4/11/2022

HB 3899 – Workers’ Compensation; Mental Illness; First Responders; Effective Date.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure amends existing to law to allow emergency/first responders to claim mental illness or injury in a worker’s compensation claim. This measure amends existing law to allow mental illness or injury to be considered a compensable worker’s compensation injury, without requiring it to be caused by a physical injury, for emergency personnel and first responders if the said injury is caused by a response to an emergency. This measure is effective November 1, 2022.

Most Recent Update:

3/22/2022 This measure was heard on February 8 in the House Committee on Judiciary – Civil. It passed committee by an undisclosed vote. On March 22, this measure was amended and passed the House unanimously. This measure is eligible for consideration in the Senate chamber.

SB 737 – Patient’s Right to Pharmacy Choice Act; Modifying Powers of Advisory Committee and Insurance Commissioner

Issues: Workers’ Compensation (Prescription Drug Formulary)

Summary:

This measure amends statute to reduce the response time afforded to pharmacy benefits managers to respond to an inquiry from the Insurance Commission from 30 days to 20 days and remove the subpoena power and power to hold hearings from the patient. This measure is applicable to PBMs. This measure reduces the response time afforded to pharmacy benefits managers to respond to an inquiry from the Insurance Commission from 30 days to 20 days.

Most Recent Update:

3/1/2022 This measure was passed and referred to the House by a vote of 41 to 1. This measure may be considered in the House.

Oklahoma Regulatory Updates 2/3/2022

HB 3628 – Workers’ Compensation; Oklahoma Workers’ Compensation Mental Health Act of 2022; Effective Date

Issues: Not Provided

Summary:

Not Provided

Most Recent Update:

1/20/2022 This measure has been prefiled for the 2022 legislative session. The Oklahoma Legislature is expected to convene on February 7.

HB 3629 – Workers’ Compensation; Oklahoma Workers’ Compensation Mental Health Act of 2022; Effective Date.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure creates new law entitled “Oklahoma Workers’ Compensation Mental Health Act of 2022” not to be codified. This measure is effective November 1, 2022.

Most Recent Update:

1/20/2022 This measure has been prefiled for the 2022 legislative session. The Oklahoma Legislature is expected to convene on February 7.

HB 3899 – Workers’ Compensation; Mental Illness; First Responders; Effective Date.

Issues: Workers’ Compensation (Medical Coverage and Reimbursement), Workers’ Compensation (General)

Summary:

This measure amends existing to law to allow emergency/first responders to claim mental illness or injury in a worker’s compensation claim. This measure amends existing law to allow mental illness or injury to be considered a compensable worker’s compensation injury, without requiring it to be caused by a physical injury, for emergency personnel and first responders if the said injury is caused by a response to an emergency. This measure is effective November 1, 2022.

Most Recent Update:

1/20/2022 This measure has been prefiled for the 2022 legislative session. The Oklahoma Legislature is expected to convene on February 7.

Oklahoma Regulatory Updates 8/5/2021

SB 737 – Patient’s Right to Pharmacy Choice Act; Modifying Powers of Advisory Committee and Insurance Commissioner

Issues: Workers’ Compensation (Prescription Drug Formulary)

Summary:

This measure amends statute to reduce the response time afforded to pharmacy benefits managers to respond to an inquiry from the Insurance Commission from 30 days to 20 days and remove the subpoena power and power to hold hearings from the Patient This measure is applicable to PBMs. This measure reduces the response time afforded to pharmacy benefits managers to respond to an inquiry from the Insurance Commission from 30 days to 20 days.

Most Recent Update:

5/6/2021 This measure has had a conference committee appointed. This measure may be considered at the conference committee’s discretion.

Oklahoma Regulatory Updates 6/2/2020

HB 2315 – Professions and occupations; Patient’s Right to Pharmacy Choice Act; providing compliance standards; establishing Right to Patient Choice Advisory Committee

Issues: Network Adequacy, Any Willing Provider, Workers’ Compensation (Pharmacy Fee Schedule)

Summary:

This measure is the Patient’s Rights to Pharmacy Choice Act

This measure requires pharmacy benefit managers and benefit plans to invite all health care providers, including pharmacies, physicians, and clinics to join their networks. The measure also requires the pharmacy benefit managers and benefit plans to allow all patients to use any health care provider, in or out of network, as long as the provider accepts the network conditions. The measure prohibits a pharmacy benefit manager or benefit plan from requiring patients to use pharmacies owned by or working in conjunction with the pharmacy benefit manager or benefit plan.

The measure prohibits a pharmacy benefit manager from reimbursing a pharmacy or pharmacist less than it reimburses a pharmacy owned or under common ownership with the PBM for the same service. The measure also prohibits a PBM from denying a pharmacy the opportunity to participate in any other pharmacy networks.

The measure requires retail pharmacy networks to comply with the following access standards:

i. At least 90% of covered individuals in the benefit plan’s urban service area live within two miles of a retail pharmacy participating in the benefit plan’s retail pharmacy network;

ii. At least 90% of covered individuals in the benefit plan’s urban service area live within five miles of a retail pharmacy designated as a preferred participating pharmacy in the benefit plan’s retail pharmacy network;

iii. At least 90% of covered individuals in the benefit plan’s suburban service area live within five miles of a retail pharmacy participating in the benefit plan’s retail pharmacy network;

iv. At least 90% of covered individuals in the benefit plan’s suburban service area live within seven miles of a retail pharmacy designated as a preferred participating pharmacy in the benefit plan’s retail pharmacy network;

v. At least 70% of covered individuals in the benefit plan’s rural service area live within fifteen miles of a retail pharmacy participating in the benefit plan’s retail pharmacy network; and

vi. At least 70% of covered individuals in the benefit plan’s rural service area live within eighteen miles of a retail pharmacy designated as a preferred participating pharmacy in the benefit plan’s retail pharmacy network.

Most Recent Update: This measure failed to pass the Legislature before the May 22 adjournment date. This year in Oklahoma, legislation will not carry over to the next session. This measure will not receive further consideration.

HB 2631 – Workers’ compensation; providing for modification of fee schedule

Issues: Workers’ Compensation (General), Workers’ Compensation (Pharmacy Fee Schedule)

Summary:

This measure relates to workers’ compensation fee schedules.

This measure requires the fee schedule to be revised in 2019 to provide a 3% increase in the maximum rate of reimbursement to physicians and hospitals for a period of three years.

Most Recent Update: This measure failed to pass the Legislature before the May 22 adjournment date. This year in Oklahoma, legislation will not carry over to the next session. This measure will not receive further consideration.

SB 701 – Workers’ compensation; modifying provisions of the Administrative Workers’ Compensation Act. Effective date. Emergency.

Issues: Workers’ Compensation (General), Workers’ Compensation (Pharmacy Fee Schedule)

Summary:

This measure relates to workers’ compensation.

Under this measure, every employer subject and bound to the provisions of the Administrative Workers’ Compensation Act must pay or provide benefits according to the provisions of this act for the accidental injury or death of an employee arising out of an in the course of his or her employment, without regard to fault for such injury, if the employee’s contract of employment was made in Oklahoma or if the injury occurred within Oklahoma. If an employee makes a claim for an injury in another jurisdiction and a final adjudication is entered in the case, the employee is precluded from a right of action under the Administrative Workers’ Compensation Act of Oklahoma. If the employee makes a claim or brings an action in Oklahoma prior to a final adjudication in another jurisdiction, any receipt of benefits in the other jurisdiction shall not bar the claim or action in Oklahoma; provided, however, in no event shall the Workers’ Compensation Commission grant benefits that duplicate benefits paid by the employer or the employer’s insurance carrier in the other jurisdiction.

Under this measure, communications, whether in person, by electronic medium, or in writing, that reflect the pre-decisional deliberations of the Commissioners among each other or with Commission staff, and which occur while exercising their quasi-judicial duties such as reviewing decisions or awards made by the administrative law judges of the Commission or reviewing arbitration awards, must not be subject to requirements of the Oklahoma Open Meeting Act or Oklahoma Open Records Act, shall be confidential and shall be considered protected deliberative communications.

This measure requires the Commission to conduct a review of the Fee Schedule every two years, provided the Fee Schedule will be revised in 2019 to provide a two-percent increase in the maximum rate of reimbursement to physicians and hospitals in 2019; an additional two-percent increase in 2020; and an additional increase of two percent in 2021 (pg. 78)

Most Recent Update: This measure failed to pass the Legislature before the May 22 adjournment date. This year in Oklahoma, legislation will not carry over to the next session. This measure will not receive further consideration.

SB 841 – Insurance; creating the Prescription Access and Affordability Act; requiring retail pharmacy networks to comply with certain standards.

Issues: Workers’ Compensation (Pharmacy Fee Schedule), Network Adequacy

Summary:

This measure relates to mail order pharmacy requirements.

This measure prohibits a pharmacy benefits manager from contracting with a pharmacist or pharmacy to prohibit the disclosure to patients of billed or allowed amounts, reimbursement rates, or out-of-pocket costs.

The measure prohibits a pharmacy benefit manager from reimbursing a pharmacy or pharmacist less than it reimburses a pharmacy owned or under common ownership with the PBM for the same service. The measure also prohibits a PBM from denying a pharmacy the opportunity to participate in any other pharmacy networks.

The measure requires health insurers to ensure that all compensation received from a pharmaceutical manufacturer is used to lower health benefits plan or pharmacy benefit plan premiums, lower copayment and coinsurance amounts, or expand pharmacy benefit plan coverage.

This measure requires a health insurer’s pharmacy and therapeutics committee to establish a formulary of drugs and to publicly display the formulary on its website.

The measure requires retail pharmacy networks to comply with the following access standards:

i. At least 90% of covered individuals in the benefit plan’s suburban service area live within five miles of a retail pharmacy participating in the benefit plan’s retail pharmacy network;

ii. At least 70% of covered individuals in the benefit plan’s rural service area live within fifteen miles of a retail pharmacy participating in the benefit plan’s retail pharmacy network; and

iii. At least 70% of covered individuals in the benefit plan’s rural service area live within eighteen miles of a retail pharmacy designated as a preferred participating pharmacy in the benefit plan’s retail pharmacy network.

Most Recent Update: The Legislature failed to override Governor Kevin Stit’s (R) veto before the May 22 adjournment date. This year in Oklahoma, legislation will not carry over to the next session. This measure will not receive further consideration.

SB 1469 – Medical marijuana; licenses; requiring liability insurance and workers compensation policy.

Issues: Workers’ Compensation (Medical Marijuana), Workers’ Compensation (General)

Summary:

This measure requires dispensaries and commercial marijuana growers to have liability insurance under the Workers’ Compensation Act.

This measure requires dispensaries and commercial marijuana growers to have liability insurance coverage of $1 million under the Workers’ Compensation Act.

Most Recent Update: This measure failed to pass the Legislature before the May 22 adjournment date. This year in Oklahoma, legislation will not carry over to the next session. This measure will not receive further consideration.

Oklahoma Regulatory Updates 06/03/2019

HB 2367 – Workers’ compensation; amending various statutes relating to workers’ compensation

Issues: Workers’ Compensation (General), Workers’ Compensation (Medical Coverage And Reimbursement), Workers’ Compensation (Pharmacy Fee Schedule)

Summary:

This measure amends the Administrative Workers’ Compensation Act.

The measure requires payment for repackaged drugs to be based upon a sum of the allowable fee for each ingredient plus a dispensing fee of $5 per prescription (pgs. 97).

The measure requires the Workers’ Compensation Commission to conduct an evaluation of the Fee Schedule, including an update of the list of Current Procedural Terminology codes, a line adjustment or renewal of all rates, and amendment as needed to the applicable rules. The measure requires the Commission to contract with an external consultant with knowledge of workers’ compensation fee schedules to review regional and nationwide comparisons for Oklahoma’s fee schedule rates for medical services (pgs. 99-101).

The measure requires every employer to pay or provide benefits for the accidental injury or death of an employee arising out of their employment, without regard to fault for such injury, if the employee’s contract of employment was made or if the injury occurred within the state (pgs. 29-30).

The measure increases the maximum time-length for benefits of temporary total disability coverage to 156 weeks (pg. 67).

The measure also increases the maximum weekly wage for a covered employee to $350.00 for permanent partial disability and to $360.00 per week on July 1, 2021. (pg. 71).

The measure includes mental injury in the definition of a compensable injury (pg. 11).

The measure allows the Commission to send notice to health care providers regarding compensability of injury electronically (pg. 46).

The measure prohibits a claim for benefits from being filed if the employee has received benefits from the Workers’ Compensation Commission within six months from the date of the last issuance of such benefits (pg. 105).

Most Recent Update: This measure was signed by Governor Kevin Stitt (R) on May 28. The measure becomes effective immediately.

 

HB 2632 – Insurance; creating the Patient’s Right to Pharmacy Choice Act; establishing a Right to Patient Choice Advisory Committee; effective date.

Issues: Network Adequacy, Special Request, Workers’ Compensation (Pharmacy Fee Schedule)

Summary:

This measure is the Patient’s Rights to Pharmacy Choice Act.

The measure prohibits a pharmacy benefit manager from requiring patients to use pharmacies owned by or working in conjunction with the pharmacy benefit manager or benefit plan.

The measure prohibits a pharmacy benefit manager from reimbursing a pharmacy or pharmacist less than it reimburses a pharmacy owned or under common ownership with the PBM for the same service. The measure also prohibits a PBM from denying a pharmacy the opportunity to participate in any other pharmacy networks.

The measure requires pharmacy benefit managers to comply with the following retail pharmacy access standards:

i. At least 90% of covered individuals residing in an urban service area live within two miles of a retail pharmacy participating in the PBM’s retail pharmacy network;

ii. At least 90% of covered individuals residing in an urban service area live within five miles of a retail pharmacy designated as a preferred participating pharmacy in the PBM’s retail pharmacy network;

iii. At least 90% of covered individuals residing in a suburban service area live within five miles of a retail pharmacy participating in the PBM’s retail pharmacy network;

iv. At least 90% of covered individuals residing in a suburban service area live within seven miles of a retail pharmacy designated as a preferred participating pharmacy in the PBM’s retail pharmacy network;

v. At least 70% of covered individuals residing in a rural service area live within fifteen miles of a retail pharmacy participating in the PBM’s retail pharmacy network; and

vi. At least 70% of covered individuals residing in a rural service area live within eighteen miles of a retail pharmacy designated as a preferred participating pharmacy in the PBM’s retail pharmacy network.

This measure prohibits a pharmacy benefit manager contract from restricting any pharmacy that dispenses a prescription drug to an individual in the plan or coverage from informing an individual of any differential between the individual’s out-of-pocket cost under the plan or coverage and the amount the individual would pay to purchase the drug directly.

The measure requires a pharmacy benefit manager to establish and maintain an electronic claim inquiry processing system to communicate information to pharmacies, using the current National Council for Prescription Drug Programs standards.

The measure allows an individual’s choice of in-network provider to include a retail pharmacy or mail-order pharmacy and prohibits a health insurer or pharmacy benefit manager from restricting that choice.

Most Recent Update: This measure was signed by Governor Kevin Stitt (R) on May 21. This measure becomes effective on November 1, 2019.