Cannabis not at the expense of health insurance

Cannabis not at the expense of health insurance

03/02/2015

Although Federal Health Minister Hermann Gröhe (CDU) had recently announced that severely ill patients will be able to receive hashish for health insurance costs from this year, those affected still have to complain. One patient failed in court.

Health Minister wants hashish on prescription
A few weeks ago, Federal Health Minister Hermann Gröhe (CDU) had announced that from this year on severely ill people to enable hashish on health insurance costs. However, affected patients still have to turn to courts for this reason. A 50-year-old man, who had sued his health insurance company because she did not want to pay for the acquisition of medicinal cannabis flowers, was now defeated by the Landessozialgericht (LSG) Baden-Württemberg in Stuttgart. As the „German pharmacist newspaper“ reported online, the court ruled that the cannabis products consumed did not constitute a service to be taken over by the statutory health insurance, thus confirming the decision of the Reutlingen Social Court (Az.L 4 KR 3786/13).

Cannabis for the prevention of epileptic seizures
The plaintiff, who had a brain hemorrhage in 1993, has been suffering from severe epilepsy and paralysis of both arms and both legs. The patient can walk only a few steps, must wear special shoes and is otherwise dependent on the wheelchair. In addition, he suffers from a metabolic disorder, which is sometimes associated with violent colicky abdominal pain. The 50-year-old consumes medicinal cannabis flowers for the prevention of epileptic seizures and for the treatment of pain. He can obtain these with a regulatory exemption through a pharmacy.

Request for reimbursement refused
According to the court's decision, the claimant's claim for reimbursement by the health insurance fund was based on the fact that the treatment with medicinal cannabis flowers in his case was the only medically and ethically justifiable treatment option. He could not take the usual epilepsy drugs because of the metabolic disease. The Stuttgart judges, however, gave the health insurance company right. Although the verdict is not yet available, but in a press release, the court points out that there is a containing exclusively medicinal cannabis flowers finished drug with the required approval under German pharmaceutical law does not exist. Even as approval-free prescription drugs, the medicinal cannabis flowers could not be provided as GKV services, because according to the law, a recommendation of the Joint Federal Committee is required. However, such a recommendation is not yet available, according to the court. The appeal against the verdict has not been approved by the Landessozialgericht, but the plaintiff can file a complaint with the Federal Social Court (BSG) in Kassel.

Exemption to purchase cannabis
In Germany, patients have been able to apply for exemption for the purchase of cannabis flowers for self-therapy at the Federal Opium Office of the Federal Institute for Drugs and Medical Devices (BfArM) for years. Last year, the Cologne administrative court ruled that self-cultivation of hemp in individual cases of chronic pain patients, after review, could be allowed. The verdict has given justice to several men who are struggling with chronic pain, multiple sclerosis (MS) or attention deficit syndrome (ADHD), and who use the drug to help alleviate the pain.

Cannabis is used medicinally in many countries
Cannabis or its active ingredients have been used medicinally for several years in various countries around the world. Among them are nations such as Italy, Portugal, Israel, New Zealand and several US states. In scientific studies, the efficacy of cannabis has been demonstrated, among other things, in pain therapy, multiple sclerosis, nausea and vomiting or cachexia, a condition in which it is extremely underweight due to heavy emaciation. Experts advise also in loss of appetite for marijuana or hashish. (Ad)