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53 Op. Okla. Att'y Gen. 1 (2023)

handle is hein.sag/sagok0058 and id is 1 raw text is: GENTNER DRU MOND
ATTORNEY GENERAL
ATTORNEY GENERAL OPINION
2023-1
The Honorable Glen Mulready                                        March 1, 2023
Insurance Commissioner
Oklahoma Insurance Department
400 NE 50th St.
Oklahoma City, OK 73105
Dear Commissioner Mulready:
This Office has received your request for an Official Attorney General Opinion in which you ask,
in effect, the following questions:
1. When the Insurance Commissioner (Commissioner) reaches a
settlement agreement with a pharmacy benefits manager (PBM), prior
to the filing of an administrative action, is the settlement agreement
reached between the Commissioner and PBM considered a final order
pursuant to 36 O.S.2021, § 6967(B)?
2. Is such a settlement agreement subject to production under the Open
Records Act, 51 O.S.2021, § 24A.1 et seq., may it be obtained via subpoena
or discovery, and is it admissible in evidence in any private civil action?
3. May the Commissioner keep such settlement agreement confidential and
privileged pursuant to 36 O.S.2021, § 6967(A)?
4. If the answer to Questions 1 or 2 is yes, may the Commissioner and PBM
agree by specific terms in the settlement agreement to keep the agreement
confidential?
5. If the answer to Questions 1 or 2 is yes, may the Commissioner and PBM
agree by specific terms in the settlement agreement to keep confidential the
identity of a party to such a settlement agreement by using an alias or other
alternative identifier?

313 N.E. 2 1iT STREET - OKLAHOMA CITY, OK 73105 - (405) 521-3921 - Fax: (405) 521-6246

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