The Legal Defense Fund was created in 2019 to defend House Bill 2632, the Patient’s Right to Pharmacy Choice Act, when the bill was contested in court (PCMA v Mulready Case). We are still defending this bill!
On April 4, 2022, the Western District Court of Oklahoma ruled predominately in our favor on HB 2632. However, PCMA can appeal to the tenth circuit court.
OPhA is retaining lawyers to write an amicus brief for the court of appeals allowing us to offer our insights to the court from our perspectives-which doesn’t come across in reading the court filing. If the judge is not well versed in PBM issues, they will need the perspectives of all involved parties. The PBM’s side will have multiple amicus briefs stating their arguments, so we need to provide one or be at a disadvantage.
Our lawyers are well versed in PBM issues and the appellate process. We are using their expertise to inform the preparation of the Oklahoma Attorney General’s office arguments to give us the best chance of a win.