Oklahoma Administrative Code
Title 317 - Oklahoma Health Care Authority
Chapter 30 - Medical Providers-Fee for Service
Subchapter 5 - Individual Providers and Specialties
Part 5 - PHARMACIES
Section 317:30-5-86 - Drug Utilization Review (DUR) program
Current through Vol. 42, No. 1, September 16, 2024
(a) The Oklahoma Health Care Authority (OHCA) Drug Utilization Review (DUR) program is authorized by regulations contained in the Omnibus Budget Reconciliation Act of 1990 (OBRA 90) to conduct prospective and retrospective review of pharmacy claims to ensure that prescriptions are:
(b) The OHCA is authorized to use this program to educate physicians, other prescribers, pharmacists, and patients and also to conserve program funds and personal expenditures and prevent fraud, abuse, and misuse of prescriptions.
(c) The OHCA utilizes a DUR Board managed by an outside contractor to review and analyze clinical and economic data available. The DUR Board reviews and makes recommendations based on predetermined standards submitted to it by the OHCA contractor(s) and, in concert with the retrospective review of claims data, makes recommendations for educational interventions, prospective DUR, and the prior authorization process.
(d) The DUR Board assesses data on drug use in accordance with predetermined standards, including, but not limited to:
(e) The DUR Board is comprised of ten (10) members that are appointed according to 63 O.S. § 5030.1. DUR Board members with a conflict of interest with respect to OHCA, Medicaid members, and/or pharmaceutical manufacturers must recuse themselves/abstain from voting on any DUR actions related to the conflict of interest.
(f) The DUR program shall adhere to the provisions of Section 1396a(oo) of Title 42 of the United States Code.
(g) All prescribing clinicians and/or pharmacists shall adhere to appropriate prescribing practices that are consistent with state and federal regulations or may be subject to agency review processes, audits, recoupment, and/or termination of Medicaid contracts [refer to the Oklahoma Administrative Code (OAC), including, but not limited to, 317:30-3-2.1, 317:30-3-19.5, 317:30-3-33, and 317:30-5-70.1 ].
Added at 16 Ok Reg 3446, eff 7-1-99 (emergency)1; Added at 17 Ok Reg 2383, eff 6-26-00; Amended at 20 Ok Reg 1193, eff 5-27-03; Amended at 25 Ok Reg 2662, eff 7-25-08
1On October 15, 1999, the District Court of Oklahoma County issued a Temporary Injunction Order "prohibiting, barring, enjoining and restraining the Oklahoma Health Care Authority from relying upon, maintaining, employing or using t[his] emergency rule." [See Astrazeneca LP v. Oklahoma Health Care Authority, Case No. CJ-99-5898, 10-15-99, Judge Bryan C. Dixon, District Court of Oklahoma County] On 6-26-00, the emergency action was superseded by a permanent action, and on 10-10-00, the case was dismissed with prejudice.