Okla. Admin. Code § 75:45-3-3

Current through Vol. 42, No. 4, November 1, 2024

Section 75:45-3-3 - Power and Authority To Examine and Investigate

(a)Power and Authority of the Attorney General. The Attorney General shall have the power and authority under 36 O.S. § 6965 to examine and investigate the affairs of every pharmacy benefits manager (PBM) engaged in pharmacy benefits management in this state in order to determine whether such entity is in compliance with 59 O.S §§ 357-360 and 36 O.S. §§ 6958-6968.

(b)Timing of the Attorney General to Examine a PBM. The Attorney General may examine the PBM at any time under 36 O.S. § 6965 in which the Attorney General believes it reasonably necessary to ensure compliance with 59 O.S §§ 356360 and 36 O.S. §§ 6958-6968 or provisions of this subchapter.

(c)Examination of PBM Files and Records. All PBM files and records shall be subject to examination by the Attorney General or by duly appointed designees. The Attorney General, or any authorized employees and examiners, shall have access to any of a PBM's files and records that may relate to a particular complaint under investigation or to an inquiry or examination by the Attorney General.

(d)Duty to Respond to an Inquiry. Every officer, director, employee or agent of the PBM, upon receipt of any inquiry from the Attorney General, shall, within twenty (20) days from the date the inquiry is sent, furnish the Attorney General with an adequate response to an inquiry from the Attorney General's Office.

(e)Subject Matter Experts and Investigative Costs. When making an examination under 36 O.S. § 6965, the Attorney General may retain subject matter experts, attorneys, appraisers, independent actuaries, independent certified public accountants or an accounting firm or individual holding a permit to practice public accounting, certified financial examiners or other professionals and specialists as examiners, the cost of which shall be borne by the PBM that is the subject of the examination. Nothing requires that a formal action be filed against the PBM to recover costs associated with an examination under 36 O.S. § 6965.

Okla. Admin. Code § 75:45-3-3

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 7/25/2024