The proposed bill aims to amend section 68-901 of the Revised Statutes Cumulative Supplement, 2024, to ensure that non-opioid drugs approved by the federal Food and Drug Administration (FDA) for pain management are not disadvantaged or discouraged in terms of Medicaid and commercial insurance coverage compared to opioid drugs. The bill specifies that the Department of Health and Human Services must maintain a formulary and preferred drug list that treats non-opioid drugs equitably, prohibiting practices such as designating non-opioid drugs as non-preferred or imposing more restrictive utilization controls on them than on opioids. Additionally, the bill mandates that these provisions apply immediately upon FDA approval of any non-opioid drug for pain treatment.

Furthermore, the bill establishes that commercial insurance policies and self-funded employee benefit plans must also adhere to these guidelines, ensuring that non-opioid drugs are not subjected to more stringent coverage criteria or cost-sharing requirements than their opioid counterparts. It allows for exceptions to coverage restrictions if a healthcare provider determines that a non-opioid drug is appropriate for a patient based on their professional judgment. The overarching intent of the legislation is to promote equal access to pain management options and to combat opioid addiction by providing patients and prescribers with comprehensive treatment alternatives. The original section 68-901 is set to be repealed as part of this amendment.

Statutes affected:
Introduced: 68-901