OKLAHOMA CITY – Attorney General Gentner Drummond vowed to continue defending a new state law designed to protect Oklahoma’s rural healthcare providers after a federal judge blocked the enforcement of key provisions while three pharmaceutical companies challenge the law in court.
A federal district judge in the Western District of Oklahoma issued a preliminary injunction preventing the Attorney General’s office from enforcing major parts of House Bill 2048, which took effect Nov. 1. The law was meant to stop pharmaceutical companies from limiting how Oklahoma healthcare providers access discounted prescription drugs through the federal 340B Drug Pricing Program. The federal court found Oklahoma’s law preempted.
“This ruling is an unfortunate setback for rural healthcare in Oklahoma. These providers depend on the savings from the 340B program to keep their doors open and help patients in underserved communities,” said Drummond. “The pharmaceutical industry has spent millions fighting laws like ours in courtrooms across the country, all while these companies reap record profits. We will continue to defend Oklahoma’s sovereign right to protect our healthcare providers and the patients they serve.”
In recent years, pharmaceutical manufacturers have restricted which pharmacies providers can contract with to dispense prescriptions using 340B discounts. House Bill 2048 was designed to stop those restrictions, but AbbVie, Novartis and AstraZeneca are suing to block enforcement of the law. Numerous states have enacted similar laws, and most federal courts have rejected similar manufacturer challenges to such laws. Thus, the Attorney General is hopeful that the appellate process will eventually lead to the upholding of House Bill 2048.
“House Bill 2048 was a critical step in ensuring that rural hospitals can continue serving their communities,” said Rich Rasmussen, Oklahoma Hospital Association president. “While we’re disappointed by this preliminary ruling, we stand behind Attorney General Drummond’s commitment to fight for our hospitals and the thousands of Oklahomans who depend on them for care.”
The Oklahoma Legislature passed the House Bill 2048 with bipartisan support earlier this year, overriding Gov. Stitt’s veto.
