Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Allows costs of medical cannabis to be reimbursed by Catastrophic Illness in Children Relief Fund, PAAD, Senior Gold, and VCCO.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning medical cannabis, amending various parts of the statutory law, and supplementing P.L.1975, c.194 and P.L.2001, c.26.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 16 of P.L.2009, c.307 (C.24:6I-14) is amended to read as follows:
16. [Nothing] a. Except as provided in subsection b. of this section, nothing in P.L.2009, c.307 (C.24:6I-1 et al.) or P.L.2015, c.158 (C.18A:40-12.22 et al.) shall be construed to require a government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of cannabis, or to restrict or otherwise affect the distribution, sale, prescribing, and dispensing of any product that has been approved for marketing as a prescription drug or device by the federal Food and Drug Administration.
b. Consistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), the cost of medical cannabis and medical cannabis products dispensed by a medical cannabis dispensary or clinical registrant shall be eligible for reimbursement through the Catastrophic Illness in Children Relief Fund established pursuant to P.L.1987, c.370 (C.26:2-148 et seq.), the Pharmaceutical Assistance to the Aged and Disabled program established pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.), the Senior Gold Prescription Discount Program established pursuant to P.L.2001, c.96 (C.30:4D-45 et al.), and the Criminal Injuries Compensation Act of 1971, P.L.1971, c.317 (C.52:4B-1 et seq.).
(cf: P.L.2019, c.153, s.22)
2. Section 2 of P.L.1987, c.370 (C.26:2-149) is amended to read as follows:
2. As used in this act:
a. "Catastrophic illness" means any illness or condition the medical expenses of which are not covered by any other State or federal program or any insurance contract and exceed [10%] 10 percent of the first $100,000 of annual income of a family plus [15%] 15 percent of the excess income over $100,000.
b. "Child" means a person 21 years of age and under.
c. "Commission" means the Catastrophic Illness in Children Relief Fund Commission.
d. "Family" means a child and the child's parent, parents or legal guardian, as the case may be, who is legally responsible for the child's medical expenses.
e. "Fund" means the Catastrophic Illness in Children Relief Fund.
f. "Income" means all income, from whatever source derived, actually received by a family.
g. "Resident" means a person legally domiciled within the State for a period of three months immediately preceding the date of application for inclusion in the program. Mere seasonal or temporary residence within the State, of whatever duration, does not constitute domicile. Absence from this State for a period of 12 months or more is prima facie evidence of abandonment of domicile. The burden of establishing legal domicile within the State is upon the parent or legal guardian of a child.
h. Clinical registrant, medical cannabis dispensary, and registered qualifying patient mean the same as those terms are defined in section 3 of P.L.2009, c.307 (C.24:6I-3).
i. Cost of medical cannabis means the purchase price of medical cannabis and medical cannabis products dispensed to or on behalf a registered qualifying patient, which purchase price shall be the price listed on the medical cannabis dispensary s or clinical registrant s website pursuant to subsection h. of section 7 of P.L.2009, c.307 (C.24:6I-7) less any applicable discounts or price reductions.
(cf: P.L.2003, c.260, s.1)
3. Section 9 of P.L.1987, c.370 (C.26:2-156) is amended to read as follows:
9. Whenever a child has a catastrophic illness and is eligible for the program, the child, through [his] the child s parent or legal guardian, shall receive financial assistance from monies in the fund subject to the rules and regulations established by the commission and the availability of monies in the fund. The financial assistance shall include, but is not limited to, payments or reimbursements for the cost of medical treatment, hospital care, drugs, nursing care and physician services. In the case of a child who has a catastrophic illness who is a registered qualifying patient and who is eligible for the program, the child, through the child s parent or legal guardian, shall receive financial assistance from monies in the fund to assist with the cost of medical cannabis for the patient, subject to the rules and regulations established by the commission and the availability of monies in the fund.
(cf: P.L.2003, c.260, s.3)
4. Section 3 of P.L.1975, c.194 (C.30:4D-22) is amended to read as follows:
3. The program of "Pharmaceutical Assistance to the Aged and Disabled" shall consist of payments to pharmacies for the reasonable cost of prescription drugs of eligible persons which exceed a $2.00 copayment. Said copayment shall be paid in full by each eligible person to the pharmacist at the time of each purchase of prescription drugs, and shall not be waived, discounted or rebated in whole or in part.
The commissioner may restrict the day supply of initial prescriptions to less than a 30 day supply in order to reduce waste and reduce inappropriate drug utilization. Subsequently, the commissioner may limit prescription drugs used in the treatment of acute care medical conditions to an amount not to exceed a 30 day supply. The commissioner may allow up to a 60 day supply or 100 unit doses, whichever is greater, of prescription drugs used in the treatment of chronic maintenance conditions.
Whenever any interchangeable drug product contained in the latest list approved and published by the Drug Utilization Review Council is available for the prescription written, an eligible person shall either:
(1) Purchase an interchangeable drug product which is equal to or less than the maximum allowable cost, at the $2.00 copayment; or
(2) Purchase the prescribed drug product which is higher in cost than the maximum allowable cost and pay the difference between the two, in addition to the $2.00 copayment, unless the prescriber specifically indicates that substitution is not permissible, in which case an eligible person may purchase the prescribed drug product at the $2.00 copayment.
For purposes of this act:
a. "Prescription drugs" means all legend drugs, including any interchangeable drug products contained in the latest list approved and published by the Drug Utilization Review Council in co