Opioids

Plain English Breakdown

The official summary and text do not provide specific details on enforcement or penalties for non-compliance with the new rules.

Opioids in Tennessee Insurance Policies

This bill allows insurers to create or change a list of preferred drugs for inmates but requires that non-opioid pain medications are not disadvantaged compared to opioid medications on the same list.

What This Bill Does

• Allows insurance companies offering policies covering inmates to adopt or amend their lists of preferred drugs (PDL).
• Requires these insurance companies to ensure that non-opioid pain medications approved by the FDA for at least nine months are not disadvantaged in coverage compared to opioid medications on the PDL.
• Does not prevent an insurer from preferring one type of medication over another within the same category (opioids or non-opioids).
• Applies these rules to drugs provided under contracts between insurers and pharmacy benefit managers for inmate insurance policies.

Who It Names or Affects

• Insurance companies that offer policies covering inmates in Tennessee.
• Inmates incarcerated in Tennessee who receive medical coverage through insurance policies.
• Pharmacy benefit managers working with insurers on inmate insurance policies.

Terms To Know

Preferred Drug List (PDL)

A list of drugs that an insurer prefers to cover under a policy, often influencing which medications are more affordable or covered at all.

Non-opioid medication

A drug used for pain relief that does not act on the body's opioid receptors and is different from traditional opioids like morphine.

Limits and Unknowns

• The bill only applies to insurance policies covering inmates in Tennessee.
• It remains unclear how this will affect existing inmate healthcare practices before January 1, 2027.
• There are no details on enforcement or penalties for non-compliance with the new rules.

Official Summary Text

For purposes of offering an insurance policy covering inmates, as of January 1, 2027, this bill generally authorizes an insurer to adopt or amend a preferred drug list (PDL). In establishing and maintaining the PDL, the insurer must ensure that a non-op
ioid drug approved by the United States food and drug administration for the treatment or management of pain is not disadvantaged or discouraged with respect to coverage relative to an opioid or narcotic drug for the treatment or management of pain on the
P
DL. However, these provisions do not prohibit an opioid medication from being preferred over other opioid medications, or a non-opioid medication from being preferred over other non-opioid medications.

This bill applies to a non-opioid drug after it has been approved by the United States food and drug administration for a period of nine months or longer for the treatment or management of pain, regardless of whether the drug has been reviewed by the ins
urer for inclusion on the PDL. This bill also applies to drugs being provided under a contract between the insurer and a pharmacy benefits manager for purposes of an insurance policy.

ON FEBRUARY 23, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1741, AS AMENDED.

AMENDMENT #1, rewrites the bill to, instead, authorize the department of correction ("department") to adopt or amend a formulary for use in the correctional facilities operated by or on behalf of the department. However, in establishing and maintaining
such a formulary, the department must ensure that a non-opioid medication is not disadvantaged or discouraged with respect to coverage relative to an opioid or narcotic drug for the treatment or management of pain on the formulary. As used in this amendm
en
t, a "formulary" means a list of prescription drugs approved for use within correctional facilities operated by or on behalf of the department.

Current Bill Text

HOUSE BILL 1741
By Davis

SENATE BILL 1790
By Reeves
SB1790
011195
- 1 -

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 41, Chapter 21, Part 2, is amended by
adding the following as a new section:
(a) As used in this section:
(1) "Healthcare prescriber" means a prescriber as defined in § 53-10-
203;
(2) "Insurance policy" means a group or individual insurance plan or
policy offered through this state or a local government, a private insurance
company, a healthcare corporation, a health management organization,
TennCare, or other plan or policy that provides medical or pharmaceutical
coverage to inmates incarcerated in this state;
(3) "Insurer" means an entity that offers an insurance policy; and
(4) "Non-opioid medication" means a drug or biological product that is
indicated to produce analgesia without acting on the body's opioid receptors.
(b) Except as otherwise provided in this section, an insurer, for purposes of
offering an insurance policy, may adopt or amend a preferred drug list (PDL).
(c)
(1) In establishing and maintaining the PDL, the insurer shall ensure that
a non-opioid medication approved by the United States food and drug
administration for the treatment or management of pain is not disadvantaged or

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discouraged with respect to coverage relative to an opioid or narcotic drug for the
treatment or management of pain on the PDL.
(2) Subdivision (c)(1) does not prohibit an opioid medication from being
preferred over other opioid medications, or a non-opioid medication from being
preferred over other non-opioid medications.
(d) This section applies to a non-opioid medication after it has been approved by
the United States food and drug administration for a period of nine (9) months or longer
for the treatment or management of pain, regardless of whether the drug has been
reviewed by the insurer for inclusion on the PDL. This section also applies to drugs
being provided under a contract between the insurer and a pharmacy benefits manager
for purposes of an insurance policy.
SECTION 2. This act takes effect January 1, 2027, the public welfare requiring it.