No effective cannabis medicine for Hartz IV recipients

Social Court Trier: unemployed people have treatment alternatives
Those affected by Hartz IV should be denied alternative cannabis therapy, although scientific evidence already points to efficacy in chronic diseases. Such a therapy involves higher costs that recipients of social assistance or unemployment benefits II can not afford. Therefore, on the recommendation of her treating physician, a patient submitted a request for reimbursement.

Sick Hartz IV recipients can not be reimbursed for the costs of cannabis blossoms from the pharmacy either from the job center or at the cash register. It is not a questionable additional needs of a beneficiary and also not a benefit of the statutory health insurance, decided the Trier Social Court in two on Thursday, February 28, 2016, announced decisions (Ref .: S 5 KR 68/16 ER and S 5 AS 47/16).

This failed a Hartz IV recipient with their applications for reimbursement of cannabis flowers from the pharmacy. The 30-year-old woman suffers from Attention Deficit Hyperactivity Disorder (ADHD), Crohn's disease, underweight and pain. Her family doctor had recommended her cannabis for treatment. But for the monthly required 45 grams of cannabis flowers with the contained cannabinoids, the woman would have to pay 700 euros in the pharmacy with an exceptional permit. Since she could not afford this, her health insurance or the job center should pay this Hartz IV extra.

No cannabis medicine for Hartz IV recipients. Picture: ringele - fotolia

In its decisions of 26 April 2016, the Social Court ruled that the woman also had other, alternative treatments available. According to the law, new treatment methods at the expense of the health insurance companies should generally only be provided if the Federal Joint Committee has previously made appropriate recommendations. That's missing here. The legislature has also issued no rules on this. A Hartz IV accountable additional demand is not available.

On 6 April 2016, the Federal Administrative Court had still decided that seriously ill patients in individual cases, the cultivation of cannabis can be allowed (Az .: 3 C 10.14, JurAgentur message from the sentencing day). This applies at least if the intake of cannabis leads to a significant relief of the symptoms and the patient is not an equally effective and affordable drug available. (FLE)