2026 -- S 3022

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LC005923

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

     

     Introduced By: Senators Bissaillon, Murray, DiMario, and DiPalma

     Date Introduced: March 05, 2026

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

1

     SECTION 1. Chapter 27-18 of the General Laws entitled "Accident and Sickness Insurance

2

Policies" is hereby amended by adding thereto the following section:

3

     27-18-96. Access to pain management services.

4

     (a) Every individual or group health insurance contract, plan, or policy that provides

5

prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state

6

on or after January 1, 2027, shall develop a plan to provide adequate coverage of and access to a

7

broad spectrum of pain management services including, but not limited to, nonopioid, nonnarcotic

8

medication for pain management and nonmedication pain management services that serve as

9

alternatives to the prescribing of opioid or narcotic drugs in accordance with guidelines developed

10

by the office of the health insurance commissioner.

11

     (b)(1) Approval by health insurance commissioner. Every individual or group health

12

insurance carrier shall file a plan required under subsection (a) of this section with the

13

commissioner for approval. In its review, the commissioner shall consider the adequacy of access

14

to a broad spectrum of pain management services under the plan and whether any policies adopted

15

by the carrier may create unduly preferential coverage of and access to prescribed opioids for pain

16

management without consideration of other pain management services.

17

     (2) No individual or group health insurance contract, plan, or policy that provides

18

prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state

19

on or after January 1, 2027 shall apply any utilization review, including without limitation, prior

 

1

authorization or step therapy protocols, for clinically appropriate nonopioid prescription drugs

2

approved by the United States Food and Drug Administration for the treatment or management of

3

moderate to severe pain, that is more restrictive or extensive than the least restrictive or extensive

4

utilization review applicable to any clinically appropriate opioid or narcotic drug.

5

     (c) Information for enrollees. Every individual or group health insurance carrier shall

6

distribute educational materials to network providers about a pain management access plan under

7

subsection (a) of this section and post information about the pain management access plan on the

8

carrier's publicly accessible website.

9

     SECTION 2. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service

10

Corporations" is hereby amended by adding thereto the following section:

11

     27-19-88. Access to pain management services.

12

     (a) Every individual or group health insurance contract, plan, or policy that provides

13

prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state

14

on or after January 1, 2027, shall develop a plan to provide adequate coverage of and access to a

15

broad spectrum of pain management services including, but not limited to, nonopioid, nonnarcotic

16

medication for pain management and nonmedication pain management services that serve as

17

alternatives to the prescribing of opioid or narcotic drugs in accordance with guidelines developed

18

by the office of the health insurance commissioner.

19

     (b)(1) Approval by health insurance commissioner. Every individual or group health

20

insurance carrier shall file a plan required under subsection (a) of this section with the

21

commissioner for approval. In its review, the commissioner shall consider the adequacy of access

22

to a broad spectrum of pain management services under the plan and whether any policies adopted

23

by the carrier may create unduly preferential coverage of and access to prescribed opioids for pain

24

management without consideration of other pain management services.

25

     (2) No individual or group health insurance contract, plan, or policy that provides

26

prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state

27

on or after January 1, 2027 shall apply any utilization review, including without limitation, prior

28

authorization or step therapy protocols, for clinically appropriate nonopioid prescription drugs

29

approved by the United States Food and Drug Administration for the treatment or management of

30

moderate to severe pain, that is more restrictive or extensive than the least restrictive or extensive

31

utilization review applicable to any clinically appropriate opioid or narcotic drug.

32

     (c) Information for enrollees. Every individual or group health insurance carrier shall

33

distribute educational materials to network providers about a pain management access plan under

34

subsection (a) of this section and post information about the pain management access plan on the

 

LC005923 - Page 2 of 6

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carrier's publicly accessible website.

2

     SECTION 3. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service

3

Corporations" is hereby amended by adding thereto the following section:

4

     27-20-84. Access to pain management services.

5

     (a) Every individual or group health insurance contract, plan, or policy that provides

6

prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state

7

on or after January 1, 2027, shall develop a plan to provide adequate coverage of and access to a

8

broad spectrum of pain management services including, but not limited to, nonopioid, nonnarcotic

9

medication for pain management and nonmedication pain management services that serve as

10

alternatives to the prescribing of opioid or narcotic drugs in accordance with guidelines developed

11

by the office of the health insurance commissioner.

12

     (b)(1) Approval by health insurance commissioner. Every individual or group health

13

insurance carrier shall file a plan required under subsection (a) of this section with the

14

commissioner for approval. In its review, the commissioner shall consider the adequacy of access

15

to a broad spectrum of pain management services under the plan and whether any policies adopted

16

by the carrier may create unduly preferential coverage of and access to prescribed opioids for pain

17

management without consideration of other pain management services.

18

     (2) No individual or group health insurance contract, plan, or policy that provides

19

prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state

20

on or after January 1, 2027 shall apply any utilization review, including without limitation, prior

21

authorization or step therapy protocols, for clinically appropriate nonopioid prescription drugs

22

approved by the United States Food and Drug Administration for the treatment or management of

23

moderate to severe pain, that is more restrictive or extensive than the least restrictive or extensive

24

utilization review applicable to any clinically appropriate opioid or narcotic drug.

25

     (c) Information for enrollees. Every individual or group health insurance carrier shall

26

distribute educational materials to network providers about a pain management access plan under

27

subsection (a) of this section and post information about the pain management access plan on the

28

carrier's publicly accessible website.

29

     SECTION 4. Chapter 27-41 of the General Laws entitled "Health Maintenance

30

Organizations" is hereby amended by adding thereto the following section:

31

     27-41-101. Access to pain management services.

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     (a) Every individual or group health insurance contract, plan, or policy that provides

33

prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state

34

on or after January 1, 2027, shall develop a plan to provide adequate coverage of and access to a

 

LC005923 - Page 3 of 6

1

broad spectrum of pain management services including, but not limited to, nonopioid, nonnarcotic

2

medication for pain management and nonmedication pain management services that serve as

3

alternatives to the prescribing of opioid or narcotic drugs in accordance with guidelines developed

4

by the office of the health insurance commissioner.

5

     (b)(1) Approval by health insurance commissioner. Every individual or group health

6

insurance carrier shall file a plan required under subsection (a) of this section with the

7

commissioner for approval. In its review, the commissioner shall consider the adequacy of access

8

to a broad spectrum of pain management services under the plan and whether any policies adopted

9

by the carrier may create unduly preferential coverage of and access to prescribed opioids for pain

10

management without consideration of other pain management services.

11

     (2) No individual or group health insurance contract, plan, or policy that provides

12

prescription coverage and that is delivered, issued for delivery, prescribed, or renewed in this state

13

on or after January 1, 2027 shall apply any utilization review, including without limitation, prior

14

authorization or step therapy protocols, for clinically appropriate nonopioid prescription drugs

15

approved by the United States Food and Drug Administration for the treatment or management of

16

moderate to severe pain, that is more restrictive or extensive than the least restrictive or extensive

17

utilization review applicable to any clinically appropriate opioid or narcotic drug.

18

     (c) Information for enrollees. Every individual or group health insurance carrier shall

19

distribute educational materials to network providers about a pain management access plan under

20

subsection (a) of this section and post information about the pain management access plan on the

21

carrier's publicly accessible website.

22

     SECTION 5. Chapter 40-21 of the General Laws entitled "Medical Assistance —

23

Prescription Drugs" is hereby amended by adding thereto the following section:

24

     40-21-4. Access to nonopioid pain treatment.

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     (a) The Rhode Island medical assistance program, as defined under chapter 8 of this title,

26

and any contract between the Rhode Island medical assistance program and a managed care

27

organization, shall not apply any utilization review, including without limitation prior authorization

28

or step therapy protocols, for clinically appropriate nonopioid prescription drugs approved by the

29

United States Food and Drug Administration for the treatment or management of moderate to

30

severe pain, that is more restrictive or extensive than the least restrictive or extensive utilization

31

review applicable to any clinically appropriate opioid or narcotic drug.

32

     (b) The Rhode Island medical assistance program shall require, through amending current

33

and future medical assistance managed care contracts, that managed care organizations meet the

34

provisions of this section.

 

LC005923 - Page 4 of 6

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     (c) This section applies to all policies, contracts, and plans executed, delivered, issued for

2

delivery, continued or renewed in this state on or after January 1, 2027.

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     SECTION 6. This act shall take effect upon passage.

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LC005923 - Page 5 of 6

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

***

1

     This act would require insurers to develop plans for coverage and access to nonnarcotic,

2

nonopioid and nonmedication pain management for moderate to severe pain. This act would further

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restrict utilization review for nonopioid drugs.

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     This act would take effect upon passage.

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LC005923

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