§59-356.6. Tolling period during a declared disaster.
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/ok/title-59-professions-and-occupations/59-356-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Notwithstanding any other provision of law, the ability of a pharmacy benefits manager
(PBM)to initiate, continue, or conclude an audit of a pharmacy shall be tolled for the duration of a declared disaster and for an additional period of thirty
(30)calendar days following the termination of a declared disaster.
Such requirement shall apply only to the pharmacies located within the geographical boundaries of the county or counties affected by the declared disaster.
B. The provisions of this section shall apply to all PBMs operating within this state, and to all audits conducted pursuant to contracts between PBMs and pharmacies.
C. This section shall not apply to:
1. Audits conducted for suspected fraudulent activity if documented evidence of such activity exists; or
2. Audits required to comply with federal or state law unrelated to the contractual relationship between a PBM and a pharmacy.
D. Nothing in this section shall be construed to prohibit a pharmacy from voluntarily agreeing to continue or complete an audit during the tolling period, provided such agreement is documented in writing and signed by both parties.
E. A PBM may submit a request to the Attorney General to continue or complete an audit during the tolling period, which the Attorney General may grant at his or her sole discretion. Any PBM granted such permission by the Attorney General shall do so pursuant to the requirements of this act. Added by Laws 2025, c. 300, § 5, emerg. eff. May 22, 2025.