For purposes of the Patient’s Right to Pharmacy Choice Act:

1. 1. “Health insurer” means any corporation, association, benefit society, exchange, partnership or individual licensed by the Oklahoma Insurance Code;
2. 2. “Health insurer payor” means a health insurance company, health maintenance organization, union, hospital and medical services organization or any entity providing or administering a self-funded health benefit plan;
3. 3. “Mail-order pharmacy” means a pharmacy licensed by this state that primarily dispenses and delivers covered drugs via common carrier;
4. 4. “Pharmacy benefits manager” or “PBM” means a person that performs pharmacy benefits management and any other person acting for such person under a contractual or employment relationship in the performance of pharmacy benefits management for a managed-care company, nonprofit hospital, medical service organization, insurance company, third-party payor or a health program administered by a department of this state;
5. 5. “Provider” means a pharmacy, as defined in Section 353.1 of Title 59 of the Oklahoma Statutes or an agent or representative of a pharmacy;
6. 6. “Retail pharmacy network” means retail pharmacy providers contracted with a PBM in which the pharmacy primarily fills and sells prescriptions via a retail, storefront location;
7. 7. “Rural service area” means a five-digit ZIP code in which the population density is less than one thousand (1,000) individuals per square mile;
8. 8. “Spread pricing” means a prescription drug pricing model utilized by a pharmacy benefits manager in which the PBM charges a health benefit plan a contracted price for prescription drugs that differs from the amount the PBM directly or indirectly pays the pharmacy or pharmacist for providing pharmacy services;
9. 9. “Suburban service area” means a five-digit ZIP code in which the population density is between one thousand (1,000) and three thousand (3,000) individuals per square mile; and
10. 10. “Urban service area” means a five-digit ZIP code in which the population density is greater than three thousand (3,000) individuals per square mile.

Laws 2019, HB 2632, c. 426, § 3, eff. November 1, 2019; Amended by Laws 2022, SB 737, c. 38, § 1, emerg. eff. April 21, 2022 (superseded document available).