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Federal Legislation to Increase Access to Innovation
As new and emerging pain treatment innovations come to market, policymakers are introducing legislation to increase access to alternatives to opioid medications. Explore federal legislation that ensures non-opioid pain treatments are not disadvantaged or discouraged for the treatment of pain relative to opioid treatments below.
Alternatives to Prevent Addiction in the Nation (PAIN) Act
The Alternatives to PAIN Act (S. 475) was introduced in the 119th Congress by Senators Mark Kelly (D-AZ) and Thom Tillis (R-NC) and is cosponsored by Senators Shelley Moore Capito (R-WV), Tim Kaine (D-VA), Katie Britt (R-AL), Jeanne Shaheen (D-NH), Ted Budd (R-NC), Chris Coons (D-DE), John Cornyn (R-TX), Cory Booker (D-NJ), Jerry Moran (R-KS), Michael Bennet (D-CO), Jim Banks (R-IN), Alex Padilla (D-CA), Steve Daines (R-MT), and Mark Warner (D-VA). This bipartisan legislation aims to increase access for seniors to non-opioid pain management options in Medicare Part D, which provides prescription drug coverage for nearly 52 million Americans. This legislation would:
- Limit patient cost-sharing for patients prescribed non-opioid treatment under Medicare Part D plans
- Prohibit the use of step therapy or prior authorization for non-opioid drugs
- Emphasize continued dialogue between patients and healthcare providers about pain management choices
Non-Opioids Prevent Addiction In the Nation Act (NOPAIN Act)
The NOPAIN Act (H.R.3259/S. 586), which was signed into law in 2022 and took effect in 2025, will ensure patients and their providers have more pain management treatment options. The NOPAIN Act will go a long way towards making sure that surgery patients have access to non-opioid treatments in both the hospital and ambulatory surgical center settings to help combat the opioid crisis. This legislation:
- Expands patient and provider access to all FDA-approved non-opioids for Medicare patients undergoing surgeries
- Provides separate Medicare reimbursement for non-opioid treatments used to manage pain in outpatient setting
- Requires a report to Congress on limitations, gaps, barriers to access or deficits in Medicare coverage for non-opioid treatments
- Promotes research and education on non-opioid pain management treatments