SB 1790

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."