HR4509-119

What This Bill Does

The NOPAIN for Veterans Act amends title 38 section 8125 to speed VA adoption of non-opioid pain management drugs and biological products. A covered product is one approved, granted, or cleared by FDA to reduce postoperative pain or produce postsurgical or regional analgesia without acting on the body's opioid receptors. The VA Secretary must include a covered product in the VA National Formulary within one year after it becomes eligible for temporary additional payment under Social Security Act section 1833(t)(16)(G) or separate payment under 42 C.F.R. 416.174 or a successor rule. VA must also include the product in the VA drug standardization list. The bill bars use of the Cost of War Toxic Exposures Fund to carry out the amendments and requires VA implementation within 90 days after enactment.

Who Benefits and How

Veterans needing postoperative pain treatment benefit from faster VA formulary access to non-opioid pain drugs and biological products. VA clinicians benefit from standardized access to non-opioid options for postsurgical or regional analgesia. Manufacturers of eligible non-opioid pain products benefit from VA formulary and standardization-list inclusion after Medicare payment eligibility. Patients at risk of opioid-related harm benefit if VA pain management includes more non-opioid alternatives.

Who Bears the Burden and How

The VA Secretary must update the National Formulary and drug standardization list within the statutory timelines. VA pharmacy administrators must track Medicare temporary additional payment and separate-payment eligibility triggers. The Cost of War Toxic Exposures Fund cannot be used to finance implementation. Federal health budget officials must absorb implementation costs through other VA funding sources.

Key Provisions

• Requires VA National Formulary inclusion for eligible non-opioid pain management drugs or biological products within one year of specified Medicare payment eligibility.
• Requires inclusion of covered non-opioid products in the VA drug standardization list.
• Defines covered products as FDA-approved, granted, or cleared products that reduce postoperative pain or provide postsurgical or regional analgesia without acting on opioid receptors.
• Prohibits use of Cost of War Toxic Exposures Fund money and requires implementation within 90 days.