Inclusion of certain non-opioid pain medications in the National Formulary of the Department of Veterans Affairs

(a) In general Section 8125 of title 38, United States Code, is amended— (1) in subsection (d), by adding at the end the following new paragraph: (4) The term non-opioid pain management drug or biological product means a drug or biological product approved, granted, or cleared by the Food and Drug Administration to reduce postoperative pain, to produce postsurgical or regional analgesia, or to treat acute pain, without acting upon the body’s opioid receptors.; (2) by redesignating subsection (d), as so amended, as subsection (e); and (3) by inserting after subsection (c) the following new subsection (d): (d) The Secretary shall include a non-opioid pain management drug or biological product in the national formulary of the Department not later than the earlier of— (1) one year after the date on which the non-opioid pain management drug or biological product becomes eligible for temporary additional payment under section 1833(t)(16)(G) of the Social Security Act (42 U.S.C. 1395l(t)(16)(G)) or eligible for separate payment under section 416.174 of title 42, Code of Federal Regulations (or successor regulations); or (2) 18 months after the date on which the non-opioid pain management drug or biological product is approved by the Food and Drug Administration.. (b) Limitation None of the funds in the Cost of War Toxic Exposures Fund under section 324 of title 38, United States Code, may be used to carry out the amendments made by this section. (c) Implementation Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement the amendments made by this section.