Attorney General Gentner Drummond has announced his intention to continue defending a new Oklahoma law aimed at supporting rural healthcare providers, following a federal judge’s decision to block enforcement of key parts of the legislation.
The preliminary injunction was issued by a federal district judge in the Western District of Oklahoma. The ruling prevents Drummond’s office from enforcing significant provisions of House Bill 2048, which took effect on November 1. The law sought to prevent pharmaceutical companies from restricting how healthcare providers in Oklahoma access discounted prescription drugs through the federal 340B Drug Pricing Program. According to the court, Oklahoma’s law is preempted by federal regulations.
“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.”
Pharmaceutical manufacturers have recently limited which pharmacies can dispense prescriptions with 340B discounts. House Bill 2048 was intended to address these restrictions, but its enforcement is being challenged by AbbVie, Novartis, and AstraZeneca. Other states have enacted similar laws; most federal courts have rejected manufacturer challenges against such measures. Drummond expressed hope that appeals will ultimately uphold House Bill 2048.
“House Bill 2048 was a critical step in ensuring that rural hospitals can continue serving their communities,” said Rich Rasmussen, president of the Oklahoma Hospital Association. “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.”
Earlier this year, House Bill 2048 passed with bipartisan support in the state legislature after lawmakers overrode Governor Stitt’s veto.
