NOPAIN Act Mandates VA Coverage for New Non-Opioid Pain Drugs Within One Year

The NOPAIN for Veterans Act is a straightforward piece of legislation designed to give veterans guaranteed access to the latest non-opioid pain relief options through the Department of Veterans Affairs (VA).

The VA’s New Pain Management Mandate

This bill cuts through the bureaucracy by mandating that the VA’s National Formulary—which is essentially the official list of drugs the VA covers—must include certain non-opioid pain management drugs. The goal is to make sure veterans have alternatives to traditional opioids for managing post-operative or regional pain. The bill defines these as any FDA-approved drug or product used for pain relief that doesn't mess with the body’s opioid receptors. This is a big deal for veterans trying to manage chronic pain without the risks associated with long-term opioid use.

The One-Year Clock

Here’s where the bill puts the pressure on: The VA Secretary has a strict deadline to add these non-opioid drugs to the formulary and the VA’s standardization list. The clock starts ticking the moment one of these drugs becomes eligible for special payment under specific Medicare/CFR rules (Section 1833(t)(16)(G) of the Social Security Act or Section 416.174 of the Code of Federal Regulations). From that point, the VA has exactly one year to make the drug accessible to veterans. For veterans needing new pain solutions, this timeline means they won't have to wait years for the VA system to catch up with medical advancements.

The Funding Catch

While the mandate to cover new drugs is a clear win for veterans' access to care, the bill includes a notable financial restriction. It explicitly states that none of the money from the Cost of War Toxic Exposures Fund (the fund set up to help veterans exposed to burn pits and other toxins) can be used to pay for these newly covered non-opioid medications. This means the VA will need to use its general appropriations or other dedicated healthcare funds to cover the costs. For the average taxpayer, this is important because it ensures the Toxic Exposures Fund stays focused on its primary mission, but it also means the VA budget will have to absorb these new drug costs elsewhere. The VA is required to start implementing these formulary changes within 90 days of the act becoming law, ensuring a swift shift in policy.