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Requires the Department of Veterans Affairs to add certain FDA‑approved non‑opioid pain drugs and biological products to the VA national formulary within specified timeframes and to put the change into effect within 90 days of enactment. It defines what counts as a “non‑opioid pain management drug or biological product” and bars use of the Cost of War Toxic Exposures Fund to pay for these formulary additions. The change is a direct amendment to federal VA pharmacy policy intended to expand veterans’ access to approved non‑opioid pain treatments, set a clear implementation deadline, and limit use of a specific designated fund for this purpose.
Amend Section 8125 of title 38, United States Code (changes to subsections and insertion of new provisions).
Adds a new paragraph defining 'non-opioid pain management drug or biological product' as a drug or biological product approved, granted, or cleared by the Food and Drug Administration to reduce postoperative pain, produce postsurgical or regional analgesia, or treat acute pain, and that does not act on the body's opioid receptors.
Redesignates the existing subsection (d), as amended, as subsection (e).
Requires the Secretary of Veterans Affairs to include a non-opioid pain management drug or biological product in the VA national formulary no later than the earlier of: (1) one year after the drug becomes eligible for temporary additional payment under section 1833(t)(16)(G) of the Social Security Act or eligible for separate payment under 42 C.F.R. §416.174 (or successor regulations); or (2) 18 months after FDA approval of the product.
Prohibits use of funds from the Cost of War Toxic Exposures Fund (section 324 of title 38, U.S.C.) to carry out the amendments made by this section.
Primary effects: Veterans who receive VA health care will gain faster, statutory access to FDA‑approved non‑opioid pain drugs and biologic therapies through the VA national formulary, potentially increasing non‑opioid treatment options and reducing reliance on opioids for some patients. VA pharmacy operations and clinical staff will need to identify qualifying products, update formularies, manage procurement and distribution, and adapt clinical guidance within a 90‑day deadline, which could strain administrative resources in the short term. The law explicitly prevents use of the Cost of War Toxic Exposures Fund for these changes, so VA must accommodate costs within existing budgets or other appropriations, possibly affecting internal resource allocations. Payers outside VA and state/local governments are not directly affected. Overall clinical impact depends on which FDA‑approved non‑opioid products are identified and how VA implements access (prior authorization rules, quantity limits, provider guidance).
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Read twice and referred to the Committee on Veterans' Affairs.
Introduced November 19, 2025 by Shelley Moore Capito · Last progress November 19, 2025
Read twice and referred to the Committee on Veterans' Affairs.
Introduced in Senate