Local news reports have stated that under the state’s workers’ compensation law, insurers can reimburse workers who have suffered from a work-related injury and opted for medical cannabis treatment. “A Pennsylvania appeals court ruled Friday that the state’s medical marijuana law does not prohibit insurers from reimbursing injured workers for medical marijuana in cases where the drug is used to treat accepted work injuries,” states Business Insurance.
A Game-Changer for Injured Workers
The Commonwealth Court’s ruling to deem reimbursement when treatment is necessary and reasonable is a game-changer for injured workers. More specifically, it’s a game-changer for injured workers who have opted for expensive opioids and who are now changing to safer medical marijuana treatment. Before the ruling, workers paid for either therapy out of their fixed income.
It’s also a game-changer in that medical cannabis treatments fight against the country’s worsening opioid crisis. Injured workers have in the past opted for opioids for pain management and related physical problems. However, prolonged opioid use creates a high tolerance as well as brings about addictive side effects. Now, medical cannabis can be an effective alternative.
This ruling, along with local medical marijuana programs, can now help injured workers to qualify for medical care, which allows them to buy and use safe medical-grade marijuana.
What Treatments Are Covered?
Apart from requiring treatments to be necessary and reasonable, another prerequisite is that injuries must be severe or be an old injury case that involved medical cannabis in a primary treatment manner. Injured workers now need to seek treatment, which will be covered by insurers, from medical professionals or licensed dispensaries. However, medical professionals are available in abundance in Pennsylvania.
Those prescribing medical marijuana must explain the appropriate use of cannabis to the injured worker and outline specific rules regarding how and when the injured worker can and must utilize the medical marijuana while working or at home. For treatments to be covered, the individual must have proper certification.
News reports explain that patients may be treated with medical cannabis if they have autism, PTSD, cancer, HIV/AIDS, seizures, and severe chronic pain. Additional conditions include “Neurodegenerative diseases, terminal illness, dyskinetic and spastic movement disorders, and opioid-use disorders.”
Could This New Ruling Clash with Federal Law or Other Issues?
Concerns have arisen already, with certain parties believing that medical cannabis cost reimbursements could run into conflict with federal law. The court quashed this concern, stating that reimbursement, in this case, was not a federal crime because insurers do not recommend medical cannabis treatment.
Apart from federal law, there are other concerns that have emerged. Other concerns are that medical marijuana is still considered illegal by the federal government and that local Workers’ Compensation carriers may not take the chance of paying for this medical marijuana if it causes them to potentially face criminal penalties from the federal government.
A Precedent Set for Other States
As states around the country continue to implement medical cannabis policies, they could be looking to Pennsylvania as the leader in injured worker cases. These states, like Pennsylvania, could put the health, and pockets, of injured workers on the priority list and move, at the same time, one step closer to cannabis normalization.
Having insurance cover costs for medical patients is an excellent step for Pennsylvania. Soon, in light of new guidance from President Joe Biden, who called for a medical marijuana review and enquired into how it is categorized under Federal law, injured workers could enjoy more benefits.
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