Senate Bill 2388

(COMMITTEE SUBSTITUTE)

AN ACT TO PROVIDE THAT THE DIVISION OF MEDICAID, IN ESTABLISHING AND MAINTAINING THE PREFERRED DRUG LIST, SHALL ENSURE THAT NO NONOPIOID DRUG APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION FOR THE TREATMENT OR MANAGEMENT OF PAIN SHALL BE DISADVANTAGED OR DISCOURAGED WITH RESPECT TO COVERAGE RELATIVE TO ANY OPIOID OR NARCOTIC DRUG FOR THE TREATMENT OR MANAGEMENT OF PAIN ON SUCH PREFERRED DRUG LIST; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Pain relief parity in Medicaid. (1) In establishing and maintaining the preferred drug list, the division shall ensure that no nonopioid drug approved by the United States Food and Drug Administration for the treatment or management of pain shall be disadvantaged or discouraged with respect to coverage relative to any opioid or narcotic drug for the treatment or management of pain on such preferred drug list, where impermissible disadvantaging or discouragement includes, without limitation: designating any such nonopioid drug as a nonpreferred drug if any opioid or narcotic drug is designated as a preferred drug; or establishing more restrictive or more extensive utilization controls, including, but not limited to, more restrictive or more extensive prior authorization or step therapy requirements, for such nonopioid drug than the least restrictive or extensive utilization controls applicable to any such opioid or narcotic drug.

(2) This section shall apply to a nonopioid drug immediately upon its approval by the United States Food and Drug Administration for the treatment or management of pain, regardless of whether such drug has been reviewed by the division for inclusion on the preferred drug list. This section also applies to drugs being provided under a contract between the division and any managed care organization.

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.