Human rights board orders insurer to pay medical marijuana costs in precedent-setting case
A Nova Scotia human rights board has ruled that a patient’s medical marijuana should be covered by his employee insurance plan in a potentially precedent-setting case.
The decision, issued Jan. 30, ruled in favour of Gordon Skinner’s claim that he faced discrimination when trying to access insurance coverage for his disability.
Skinner, who suffers chronic pain following a car accident when he was an elevator mechanic with ThyssenKrupp Elevator Canada, told the board he has been unable to work since. He said marijuana has helped his condition better than conventional pain killers.
He was denied coverage for cannabis in May 2014 by his insurance provider, the Canadian Elevator Industry Welfare Trust Fund.
Independent human rights board of inquiry chair Benjamin Perryman said that medical marijuana should be an eligible expense since it requires a doctor’s authorization and thus didn’t fall within the plan’s exclusions.
“Since medical marijuana was prescribed for pain management, it was accepted that it is a medical necessity and should be covered,” the board said in in a statement.
“This is the first case of its kind in Canada on medical marijuana as it relates to disability,” said Christine Hanson, director and CEO of the Nova Scotia Human Rights Commission.
“The decision was based on the case’s unique circumstances, and we expect that it will examined in future case law.”
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The Canadian National Medical Marijuana Association said it believes the ruling is the first of its kind, a potentially precedent-setting case that could open the door to wider coverage for cannabis patients.
“A human rights board has never taken this issue on in the past, at least not in Canada, so that’s huge,” said Deepak Anand, executive director of the CNMMA.
In 2015, student Jonathan Zaid convinced his university’s insurance provider to cover his medical marijuana expenses, but this is the first time a government board has supported coverage, he said.
With this ruling, other patients now have a precedent to take to their insurance providers, said Zaid, who runs the Canadians for Fair Access to Medical Marijuana.
“It’s definitely a good sign and it speaks to the discrimination patients face when being denied coverage for medical cannabis compared to other medications that are covered under the plan.”
Insurers have been hesitant because marijuana doesn’t have a Drug Identification Number (DIN), which is the industry standard usually required before a pharmaceutical is authorized for sale and reimbursement.
The issue of whether an employer health plan should cover medical marijuana was first addressed by an arbitrator last April, when a Hamilton firefighter claimed coverage for the drug for his spouse, who had medical authorization for its use.
The arbitrator ultimately dismissed the claim agains the City of Hamilton because the document is not technically a prescription and marijuana does not have a DIN number.
However, board chair Perryman noted that the wording of Skinner’s plan did not specify that the drug had to have a DIN number.
Aside from veterans, patients who use legal medical marijuana must pay for their own drugs. Many patients believe cannabis is a healthier and less addictive alternative to prescription drugs such as opioids, which are covered by conventional insurance plans.
Patient groups and licensed medical marijuana producers alike have been lobbying the federal government and insurance companies to have their preferred drugs covered, which can cost patients hundreds of dollars a week.
Skinner’s medical marijuana expenses will be covered “up to and including the full amount of his most recent prescription.”
In order to be covered, the drug must be purchased from one of the Health Canada licensed medical marijuana producers or a person authorized for Skinner under the law. It must also be supported by an official receipt.
Author: Sunny Freeman
Source: Financial Post
A Nova Scotia human rights board has ruled that a patient’s medical marijuana should be covered by his employee insurance plan in a potentially precedent-setting case.
The decision, issued Jan. 30, ruled in favour of Gordon Skinner’s claim that he faced discrimination when trying to access insurance coverage for his disability.
Skinner, who suffers chronic pain following a car accident when he was an elevator mechanic with ThyssenKrupp Elevator Canada, told the board he has been unable to work since. He said marijuana has helped his condition better than conventional pain killers.
He was denied coverage for cannabis in May 2014 by his insurance provider, the Canadian Elevator Industry Welfare Trust Fund.
Independent human rights board of inquiry chair Benjamin Perryman said that medical marijuana should be an eligible expense since it requires a doctor’s authorization and thus didn’t fall within the plan’s exclusions.
“Since medical marijuana was prescribed for pain management, it was accepted that it is a medical necessity and should be covered,” the board said in in a statement.
“This is the first case of its kind in Canada on medical marijuana as it relates to disability,” said Christine Hanson, director and CEO of the Nova Scotia Human Rights Commission.
“The decision was based on the case’s unique circumstances, and we expect that it will examined in future case law.”
Related
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Cannabis producer Tweed Inc. triples production space with purchase of former Hershey factory
The Canadian National Medical Marijuana Association said it believes the ruling is the first of its kind, a potentially precedent-setting case that could open the door to wider coverage for cannabis patients.
“A human rights board has never taken this issue on in the past, at least not in Canada, so that’s huge,” said Deepak Anand, executive director of the CNMMA.
In 2015, student Jonathan Zaid convinced his university’s insurance provider to cover his medical marijuana expenses, but this is the first time a government board has supported coverage, he said.
With this ruling, other patients now have a precedent to take to their insurance providers, said Zaid, who runs the Canadians for Fair Access to Medical Marijuana.
“It’s definitely a good sign and it speaks to the discrimination patients face when being denied coverage for medical cannabis compared to other medications that are covered under the plan.”
Insurers have been hesitant because marijuana doesn’t have a Drug Identification Number (DIN), which is the industry standard usually required before a pharmaceutical is authorized for sale and reimbursement.
The issue of whether an employer health plan should cover medical marijuana was first addressed by an arbitrator last April, when a Hamilton firefighter claimed coverage for the drug for his spouse, who had medical authorization for its use.
The arbitrator ultimately dismissed the claim agains the City of Hamilton because the document is not technically a prescription and marijuana does not have a DIN number.
However, board chair Perryman noted that the wording of Skinner’s plan did not specify that the drug had to have a DIN number.
Aside from veterans, patients who use legal medical marijuana must pay for their own drugs. Many patients believe cannabis is a healthier and less addictive alternative to prescription drugs such as opioids, which are covered by conventional insurance plans.
Patient groups and licensed medical marijuana producers alike have been lobbying the federal government and insurance companies to have their preferred drugs covered, which can cost patients hundreds of dollars a week.
Skinner’s medical marijuana expenses will be covered “up to and including the full amount of his most recent prescription.”
In order to be covered, the drug must be purchased from one of the Health Canada licensed medical marijuana producers or a person authorized for Skinner under the law. It must also be supported by an official receipt.
Author: Sunny Freeman
Source: Financial Post
