Appropriate cost-sharing for qualifying non-opioid chronic pain management drugs under Medicare part D

(a) Medicare part D Section 1860D–2 of the Social Security Act (42 U.S.C. 1395w–102) is amended— (1) in subsection (b)— (A) in paragraph (1)(A), in the matter preceding clause (i), by striking and (9) and inserting (9), and (10); (B) in paragraph (2)(A), in the matter preceding clause (i), by striking and (9) and inserting (9), and (10); and (C) by adding at the end the following new paragraph: (10) Treatment of cost-sharing for qualifying non-opioid chronic pain management drugs (A) In general For plan years beginning on or after January 1, 2026, with respect to a covered part D drug that is a qualifying non-opioid chronic pain management drug (as defined in subparagraph (B))— (i) the deductible under paragraph (1) shall not apply; and (ii) such drug shall be placed on the lowest cost-sharing tier, if any, for purposes of determining the maximum co-insurance or other cost-sharing for such drug. (B) Qualifying non-opioid chronic pain management drugs In this paragraph, the term qualifying non-opioid chronic pain management drug means a non-opioid drug or biological product— (i) that has a label indication approved by the Food and Drug Administration to treat chronic pain or a chronic pain condition (as defined in subparagraph (C)); (ii) that does not act upon the body’s opioid receptors; (iii) for which there is no other drug or product that is— (I) rated as therapeutically equivalent (under the Food and Drug Administration’s most recent publication of Approved Drug Products with Therapeutic Equivalence Evaluations); and (II) sold or marketed in the United States; and (iv) for which the wholesale acquisition cost (as defined in section 1847A(c)(6)(B)), for a monthly supply does not exceed the monthly specialty-tier cost threshold, as determined by the Secretary. (C) Chronic pain condition In this paragraph, the term chronic pain condition means the following conditions, each characterized by pain persisting for a period of greater than 3 months: (i) Diabetic peripheral neuropathic pain. (ii) Endometriosis. (iii) Fibromyalgia. (iv) Musculoskeletal pain. (v) Neuropathic pain. (vi) Post-herpetic neuralgia. (vii) Trigeminal neuralgia.; and (2) in subsection (c), by adding at the end the following new paragraph: (7) Treatment of cost-sharing for qualifying non-opioid chronic pain management drugs The coverage is provided in accordance with subsection (b)(10).. (b) Conforming amendments to cost-Sharing for low-Income individuals Section 1860D–14(a) of the Social Security Act (42 U.S.C. 1395w–114(a)) is amended— (1) in paragraph (1)(D), in each of the clauses (ii) and (iii), by striking Subject to paragraph (6) and inserting Subject to paragraphs (6) and (7); and (2) by adding at the end the following new paragraph: (7) Treatment of cost-sharing or deductible for qualifying non-opioid pain management drugs For plan years beginning on or after January 1, 2026, with respect to a covered part D drug that is a qualifying non-opioid chronic pain management drug (as defined in section 1860D–2(b)(10)(B))— (A) the deductible under section 1860D–2(b)(1) shall not apply; and (B) such drug shall be placed on the lowest cost-sharing tier, if any, for purposes of determining the maximum co-insurance or other cost-sharing for such drug..