---
title: HB 326. State Health Benefit Plan Nonopioid Coverage Parity Act; enact
collection: bills
id: 2025-2026/hb326
cite_as: HB 326, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb326
md_url: https://georgiacommons.org/bills/2025-2026/hb326.md
text_url: https://georgiacommons.org/bills/2025-2026/hb326/text
source_url: https://www.legis.ga.gov/legislation/70040
date: 2026-02-24
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb326.md?full=1
bill_number: HB 326
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-06
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Michelle Au
- Ron Stephens
- Sharon Cooper
- Mary Oliver
- Lee Hawkins
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB326/2025
upstream_id: 1961008
summaries_model: claude-sonnet-5
topic_tags:
- state health benefit plan
- opioid epidemic
- prescription drug coverage
- health insurance for state employees
---
# HB 326. State Health Benefit Plan Nonopioid Coverage Parity Act; enact
## Text
The House Committee on Health offers the following substitute to HB 326:
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated,
relating to state employees' health insurance plan and post-employment health benefit fund,
so as to mandate that the state health benefit plan provide coverage for qualifying nonopioid
pain management drugs in parity with its coverage for opioid pain management drugs; to
provide for definitions; to provide for parity with regard to annual deductibles, coinsurance,
copayments, exclusions, reductions, other limitations, or utilization review; to provide for
legislative construction; to provide for related matters; to provide for a short title; to provide
for legislative findings and declarations; to provide for an effective date; to repeal conflicting
laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "State Health Benefit Plan Nonopioid
Coverage Parity Act."
SECTION 2.
The General Assembly finds and declares that:
(1) An opioid epidemic has cost the state millions of dollars in medical treatment, lost
economic productivity, and increased overdose deaths, among other costs; and
(2) Requiring coverage for nonopioid pain management drugs in the state health benefit
plan that is at least as good as its coverage for opioid pain management drugs will reduce
the costs borne by this state.
SECTION 3.
Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to
state employees' health insurance plan and post-employment health benefit fund, is amended
by adding a new Code section to read as follows:
"45-18-4.3.
(a) As used in this Code section, the term:
(1) 'Healthcare provider' means the pharmacy, attending physician, or any other person
or entity administering healthcare to a member of the state health benefit plan at the time
of reference that is licensed, certified, or otherwise authorized or permitted by law to
administer healthcare in the ordinary course of business or practice of a profession,
including any person employed by or acting for any such authorized person or entity.
(2) 'Prior authorization' means any requirement for the healthcare provider to obtain
approval from the state health benefit plan prior to the furnishing of a drug.
(3) 'Qualifying nonopioid pain management drugs' means a drug or biological product
that:
(A) Has a label indication approved by the federal Food and Drug Administration to
reduce postoperative pain or any other form of acute pain;
(B) Does not act upon the body's opioid receptors;
(C) Is not a Schedule I or II controlled substance;
(D) Has been selected by the Department of Community Health for inclusion in its
formulary; and
(E) Is sold or marketed in the United States.
(4) 'State health benefit plan' means the health insurance plan established pursuant to this
article.
(5) 'Step therapy' means a drug therapy utilization management protocol or program that
requires use of an alternative, preferred prescription drug or drugs before the state health
benefit plan approves coverage for the nonpreferred drug therapy prescribed.
(b) The state health benefit plan shall cover qualifying nonopioid pain management drugs
and such drugs shall be subject to the same annual deductible, coinsurance, copayment,
exclusions, reductions, or other limitations as to coverage, or utilization review applicable
to similar covered opioid pain management drugs.
(c) Notwithstanding subsection (b) of this Code section, nothing in this Code section shall
be construed to prohibit the state health benefit plan from contracting to provide qualifying
nonopioid pain management drug coverage for the state health benefit plan that is greater
than the coverage provided for opioid pain management drugs.
(d) The state health benefit plan shall, with respect to a qualifying nonopioid pain
management drug for which coverage is provided under such plan, neither impose any step
therapy requirement under which an individual enrolled under such plan is required to use
an opioid pain management drug prior to receiving the prescribed qualifying nonopioid
pain management drug nor require prior authorization for qualifying nonopioid pain
management drugs unless similar prior authorization is required for opioid pain
management drugs.
(e) Nothing in this Code section should be construed to interfere with the ability of a
healthcare provider to prescribe or administer a course of treatment that is medically
appropriate."
SECTION 4.
This Act shall become effective on January 1, 2027.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A Georgia House bill would require the state health benefit plan, which covers state employees and teachers, to cover approved nonopioid pain medications on the same terms as opioid pain medications, starting January 1, 2027.
### Plain-language summary
Georgia's state health benefit plan currently can cover opioid pain medications more favorably than nonopioid alternatives, through higher copays, deductibles, or extra approval hurdles for the nonopioid option. This bill adds a new section to Georgia law (O.C.G.A. § 45-18-4.3) requiring the plan to cover 'qualifying nonopioid pain management drugs,' meaning FDA-approved nonopioid drugs for acute or postoperative pain that are on the Department of Community Health's approved list, under the same deductibles, coinsurance, copayments, exclusions, and other limits that apply to similar opioid drugs.
The plan could still offer better coverage for nonopioid drugs than opioid drugs, just not worse. It could not require patients to try an opioid first (a practice called step therapy) before getting a covered nonopioid drug, and it could not require prior authorization for the nonopioid drug unless it requires the same for the opioid version. The law states legislative findings about the costs of the opioid epidemic and would take effect January 1, 2027.
### What it does
- Adds a new Georgia law (O.C.G.A. § 45-18-4.3) requiring the state health benefit plan to cover qualifying nonopioid pain drugs on par with opioid pain drugs.
- Bars the plan from requiring patients try an opioid first (step therapy) before covering an approved nonopioid pain drug.
- Bars the plan from requiring prior authorization for nonopioid pain drugs unless it requires the same for comparable opioid drugs.
- Allows the plan to offer even better coverage for nonopioid drugs than for opioids, but not worse.
- Sets an effective date of January 1, 2027 for the new coverage requirements.
### Who it affects
State employees, teachers, and other members enrolled in Georgia's state health benefit plan; the Department of Community Health, which selects qualifying drugs for its formulary; pharmacies and physicians who prescribe or dispense pain medications; and the plan administrators who set coverage rules.
### Why it matters
Patients on the state health benefit plan facing acute or postoperative pain could get nonopioid medications without paying more out of pocket or clearing extra approval hurdles compared to opioids, potentially giving doctors and patients more freedom to choose nonopioid options first.
### Key provisions
- Section 1 gives the bill its short title, the 'State Health Benefit Plan Nonopioid Coverage Parity Act.'
- Section 2 states legislative findings that the opioid epidemic has cost Georgia money and that nonopioid coverage parity could reduce those costs.
- Section 3 adds O.C.G.A. § 45-18-4.3, defining 'qualifying nonopioid pain management drugs' as FDA-approved, non-opioid-receptor, non-Schedule I or II drugs chosen by the Department of Community Health for its formulary.
- Section 3(b) requires the same deductibles, coinsurance, copayments, exclusions, and utilization review for qualifying nonopioid drugs as for comparable opioid drugs.
- Section 3(d) bans step therapy requiring opioid use before nonopioid coverage and limits prior authorization requirements to match those for opioids.
- Section 3(e) clarifies the law does not restrict a healthcare provider's ability to prescribe medically appropriate treatment.
- Section 4 sets the effective date as January 1, 2027.
## Status
- Status: Introduced (2025-02-06)
- Last action: House Committee Favorably Reported By Substitute (2026-02-24)
- Sponsors: Michelle Au, Ron Stephens, Sharon Cooper, Mary Oliver, Lee Hawkins
- Official page: https://www.legis.ga.gov/legislation/70040
> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb326.md?full=1