Public Act 0369 104TH GENERAL ASSEMBLY

SB1238 Enrolled LRB104 09624 BDA 19689 b

Public Act 104-0369

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-735 as follows:

(20 ILCS 2310/2310-735 new)

Sec. 2310-735. Nonopioid alternatives pamphlet. The Department may develop and publish on its website an educational pamphlet regarding the use of nonopioid alternatives for the treatment of acute nonoperative, acute perioperative, subacute, or chronic pain. The pamphlet may conform with the United States Department of Health and Human Services' Pain Management Best Practices Inter-Agency Task Force recommendations and shall include:

(1) information on available nonopioid alternatives for the treatment of pain, including available nonopioid medicinal drugs or drug products and nonpharmacological therapies; and

(2) the advantages and disadvantages of the use of nonopioid alternatives.

Section 10. The Illinois Insurance Code is amended by adding Section 370c.3 as follows:

(215 ILCS 5/370c.3 new)

Sec. 370c.3. Parity for coverage for nonopioid medications to treat acute pain.

(a) Beginning January 1, 2027, a health insurance issuer shall develop a plan to provide adequate coverage and access to a broad spectrum of pain management services, including, but not limited to, nonopioid, nonnarcotic pain management services and non-medication pain management services that serve as alternatives to the prescribing of opioid or narcotic drugs in accordance with guidelines developed by the Department of Insurance.

(b) A health insurance issuer shall file the plan required under subsection (a) with the Department of Insurance and shall post information about the pain management plan on the insurer's publicly accessible website.

Section 15. The Illinois Public Aid Code is amended by adding Section 5-58 as follows:

(305 ILCS 5/5-58 new)

Sec. 5-58. Illinois Medicaid Preferred Drug List; nonopioid drugs. In establishing and maintaining the Illinois Medicaid Preferred Drug List as described in Section 5-30.14, the Department shall ensure that nonopioid drugs on the Department's preferred drug list, and approved by the U.S. Food and Drug Administration, for the treatment or management of pain shall not be disadvantaged or discouraged with respect to coverage relative to any opioid or narcotic drug for the treatment or management of acute pain as long as the Department retains its authority to manage the Preferred Drug List process pursuant to State or federal law, rules, regulations, and policies and the Department's authority over the Preferred Drug List process is not undermined or compromised.

Effective Date: 1/1/2026