AN ACT to amend Tennessee Code Annotated, Title 8; Title 53; Title 56; Title 63; Title 68 and Title 71, relative to the use of drugs for the treatment of pain.
Summary
HB0037 creates a new part of Tennessee insurance law governing state employee group insurance plans and preferred drug lists. It directs insurers offering those plans to ensure that FDA-approved non-opioid drugs used to treat or manage pain are not disadvantaged or discouraged on the plan’s preferred drug list relative to opioid or narcotic pain medications. The bill also clarifies that insurers may still prefer one opioid over another opioid, or one non-opioid over another non-opioid, so long as non-opioid pain treatments are not placed at a coverage disadvantage compared with opioids.
The bill applies to non-opioid pain drugs after they have been FDA-approved for at least nine months, whether or not the insurer has already reviewed them for the preferred drug list. It also applies to drugs covered through pharmacy benefit manager contracts for group insurance plans. The act takes effect January 1, 2026, and is aimed at influencing how pain medications are covered in state employee health plans.
Impact
HB0037 amends Tennessee Code Annotated Title 56 by adding new insurance requirements for group insurance plans covering state employees. It affects insurers, pharmacy benefit managers, and healthcare prescribers by limiting how preferred drug lists may treat FDA-approved non-opioid pain medications. The practical effect is to reduce formulary barriers for certain non-opioid analgesics and to shape coverage decisions in state employee health benefits, while leaving insurers discretion to rank drugs within the same class.
Sentiment
The bill appears to have broad support and moved through the legislative process with strong favorable votes in committee and on the floor. The recorded votes were overwhelmingly in favor, including unanimous committee recommendations and large floor majorities, suggesting general agreement with the policy goal of encouraging access to non-opioid pain treatments. The final passage vote was also strongly positive, indicating little organized opposition in the recorded proceedings.
Contention
The main policy issue is how much the state should direct insurer formulary design for pain management drugs. Supporters appear to favor reducing incentives that steer patients toward opioids and improving access to non-opioid alternatives, while any concerns would likely center on insurer flexibility, pharmacy benefit management practices, and the administrative impact of preferred drug list requirements. The bill’s language preserves some insurer discretion within drug classes, which may have helped limit opposition.
Crossfiled
AN ACT to amend Tennessee Code Annotated, Title 8; Title 53; Title 56; Title 63; Title 68 and Title 71, relative to the use of drugs for the treatment of pain.
AN ACT to amend Tennessee Code Annotated, Title 8; Title 53; Title 56; Title 63; Title 68 and Title 71, relative to the use of drugs for the treatment of pain.
AN ACT to amend Tennessee Code Annotated, Title 8; Title 41; Title 53; Title 56; Title 63; Title 68 and Title 71, relative to the use of drugs for the treatment of pain.
AN ACT to amend Tennessee Code Annotated, Title 8; Title 41; Title 53; Title 56; Title 63; Title 68 and Title 71, relative to the use of drugs for the treatment of pain.
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 33; Title 39; Title 49; Title 53; Title 56; Title 63; Title 68 and Title 71, relative to mental health.
AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Title 33; Title 39; Title 49; Title 53; Title 56; Title 63; Title 68 and Title 71, relative to mental health.