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Oklahoma Insurance Department clarifies ‘misinformation’ spread about prescription program

The Oklahoma Insurance Department (OID) says inaccurate and misleading information has been given to some consumers after several large employers sent letters to their employees regarding changes to their CVS/Caremark prescription program.

Oklahoma Insurance Commissioner Glen Mulready says one of the most troubling inaccuracies is the claim that the law in Oklahoma no longer allows for 90-day prescriptions.

The law (HB 2632, 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.

“It is concerning that these misrepresentations are being spread to employees in Oklahoma,” said Mulready. “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.”

CVS/Caremark issued the following statement on the changes:

“We are complying with the state’s requirements implementing the Patient’s Right to Pharmacy Choice Act, which requires us to remove the cost-effective Maintenance Choice offering for our employer clients. This program previously allowed Oklahomans access to lower cost 90-day refills at CVS Pharmacy locations.” CVS CAREMARK

OID also says although some letters claimed HB 2632 would begin to be enforced Feb. 23, 2023, it has been enforcing this law since September 1, 2020.

“OID is committed to ensuring the people of Oklahoma have access to accurate information regarding their healthcare needs,” said Mulready. “We urge Oklahoma employers to verify the accuracy of their communications before sending them to their employees.”

OID has issued $3.5 million in fines to pharmacy benefit managers and overseen $700,000 in reimbursements to local pharmacies since enforcement of the law began.


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