Attorney General Russell Coleman (R-Ky.) issued a formal opinion affirming that Kentucky's bipartisan PBM reform law, S.B. 188, is enforceable and applies broadly to protect Kentucky patients and pharmacies. The Department of Insurance previously claimed portions of the law were unenforceable and refused to apply anti-steering protections to out-of-state PBMs. S.B. 188 sponsor and champion, State Sen. Max Wise (R), formally requested an attorney general opinion to settle the matter.
The opinion, OAG 25-11, validates Wise's position by finding the anti-steering provisions in Section 4 of S.B. 188 are enforceable under the U.S. Supreme Court's Rutledge precedent, and that PBMs domiciled outside Kentucky are subject to regulation when their coverage impacts Kentuckians.
