Amend rules: OARs 836-200-0401, 836-200-0406, 836-200-0411, 836-200-0416, 836-200-0418, 836-200-0421, 836-200-0436, 836-200-0440
Need for the rule(s): 2024 Oregon House Bill 4149 made updates to the statutes regulating the conduct of pharmacy benefit managers (PBMs). Most significantly, it changed the existing requirement that PBMs register with the Oregon Department of Consumer and Business Services (DCBS) to a licensure requirement. There are extensive references to “registration” in DCBS’s existing rule that will need to be updated to “licensure” language. The law also expanded transparency
requirements on PBMs, and new language is needed in the respective rule to reflect the addition of new data elements. Additionally, some stakeholders have raised concerns that PBMs are not in full compliance with existing law. We are proposing updates throughout the PBM rules to provide additional clarity on existing requirements related to “maximum allowable cost” (MAC) lists, and adding new language reflecting market conduct requirements for PBMs that were created under 2019 HB 2185 and 2023 HB 2725.
Filed: 12/23/24
Effective: 01/01/2025 through 06/29/2025
Documents:
Temporary Administrative Rule