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NOPAIN Act Basics

What is the NOPAIN Act?

The Non-Opioids Prevent Addiction in the Nation Act (“NOPAIN Act”) is a policy that will prevent opioid addiction before it starts by increasing the use of non-opioid pain management approaches in outpatient surgical settings.

What Will the NOPAIN Act Do?

The NOPAIN Act will increase the use of non-opioid pain management approaches by changing outdated federal reimbursement policies. The policy will:

  • Expand patient and provider access to FDA approved non-opioid pain management approaches in all outpatient surgical settings.
  • Require a report to Congress on limitations, gaps, barriers to access, or deficits in Medicare coverage or reimbursement for therapeutic services.

What is the Status of the NOPAIN Act?

The NOPAIN Act was passed in an end-of-year legislative package in the 117th Congress in 2022. As a result of the law, patients and providers will have expanded access to non-opioids starting in 2025.

Why Do We Need the NOPAIN Act?

This NOPAIN Act will ensure that safe, non-addictive therapies are widely available to the tens of millions of Americans who undergo an outpatient surgical procedure every year. Drug-related overdoses and deaths skyrocketed during the COVID-19 pandemic resulting in the highest rates ever recorded. This policy change aims to reduce unnecessary exposure to opioids and the likelihood of opioid abuse or addiction following an acute pain incident.

Who Championed the NOPAIN Act?

Representatives Terri Sewell (D-AL), David McKinley (R-WV), Ann Kuster (D-NH), and Brian Fitzpatrick (R-PA) and Senators Shelley Moore Capito (R-WV), Jeanne Shaheen (D-NH), Rob Portman (R-OH), and Joe Manchin (D-WV) introduced and championed the NOPAIN Act.

In 2023, it is critical that Congress and the Biden Administration take action to accelerate the implementation of the NOPAIN Act to ensure immediate access to non-opioids for patients and their providers. 

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