SECTION 365:25-29-11. "Doing pharmacy benefits management business in this state" defined-venue-exceptions

(a)   The venue of any act listed in this Section shall be Oklahoma County.

(b)   Any one of the following acts, in this state, effected by mail or otherwise, is defined to be doing pharmacy benefits management business in this state:

(1)   The making of or proposing to make, as a PBM, a contract with a covered entity for the provision of pharmacy benefits management services to covered individuals residing in Oklahoma;

(2)   The provision of pharmacy benefit management services to covered individuals residing in Oklahoma;

(3)   Directly or indirectly acting as an agent for, or otherwise representing or aiding on behalf of another, any person or PBM in:

(A)   the solicitation, negotiation, procurement, or effectuation of pharmacy benefits management contracts or services to citizens of this state;

(B)   the transaction of matters subsequent to effectuation of a contract providing pharmacy benefits management services and arising out of it; or

(C)   any other manner representing or assisting a person in the transaction of the business of pharmacy benefits management to residents in this state.

(c)   The provisions of this section do not apply to transactions in this state involving a contract between a covered entity and a PBM not contracted to any provider in this state, that is lawfully solicited, written, and delivered outside of this state, covering only pharmacy benefits provided to individuals or entities not residing or located in this state.

[Source: Added at 32 Ok Reg 1953, eff 9-15-15]