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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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