Bill Text: NJ A4505 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires workers' compensation and PIP coverage for medical marijuana under certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-09-27 - Introduced, Referred to Assembly Financial Institutions and Insurance Committee [A4505 Detail]
Download: New_Jersey-2018-A4505-Introduced.html
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires workers' compensation and PIP coverage for medical marijuana under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning medical marijuana and insurance coverage, amending P.L.2009, c.307, and supplementing various parts of the statutory law.
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. a. Nothing in this act 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 marijuana, or an employer to accommodate the medical use of marijuana in any workplace.
b. Notwithstanding the provisions of subsection a. of this section, an employer or workers' compensation insurance carrier or private passenger automobile insurance carrier shall provide coverage for costs associated with the medical use of marijuana pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2009, c.307, s.16)
2. (New section) The Legislature finds and declares that scientific data indicate that medical marijuana has significant medical value when used in the treatment of certain injuries and diseases, including pain relief, control of nausea and vomiting, and appetite stimulation. Marijuana also has potential therapeutic value from effects such as anxiety reduction, sedation, and euphoria. Scientific studies have found that marijuana is effective in relieving some of the symptoms of HIV/AIDS, cancer, glaucoma, and multiple sclerosis. Other studies have suggested that medical marijuana legalization may lead to decreased prescription opioid abuse.
Although medical marijuana has many useful therapeutic benefits, its use is limited because its costs are not covered by insurance. By requiring coverage for medical marijuana under workers' compensation and private passenger automobile insurance, access to these benefits will be expanded. Additionally, medical marijuana may lower costs for insurers by providing a more economical alternative to more expensive and risky drugs such as opioids.
3. (New section) Personal injury protection benefits provided pursuant to section 4 of P.L.1972, c.70 (C.39:6A-4) or section 4 of P.L.1998, c.21 (C.39:6A-3.1) shall include coverage for costs associated with the medical use of marijuana provided that:
a. The insured is a qualifying patient authorized for the medical use of marijuana pursuant to P.L.2009, c.307 (C.24:6I-1 et al); and
b. At least one other medication or treatment has been attempted and found to be unsuccessful in treating the patient's debilitating medical condition.
4. (New section) Workers' compensation benefits paid by any employer or a workers' compensation insurance carrier of an employer for an injury to an employee under R.S.34:15-1 et seq. shall include coverage for costs associated with the medical use of marijuana provided that:
a. The employee is a qualifying patient authorized for the medical use of marijuana pursuant to P.L.2009, c.307 (C.24:6I-1 et al); and
b. At least one other medication or treatment has been attempted and found to be unsuccessful in treating the patient's debilitating medical condition.
5. This act shall take effect on the 90th day next following enactment.
STATEMENT
This bill requires workers' compensation and personal injury protection (PIP) coverage for medical marijuana under certain circumstances.
The bill provides that personal injury protection automobile insurance benefits and workers' compensation benefits must include coverage for costs associated with the medical use of marijuana provided that the insured or the employee is a qualifying patient authorized for medical marijuana pursuant to the "Compassionate Use Medical Marijuana Act," P.L.2009, c.307 (C.24:6I-1 et al), and at least one other medication or treatment has been attempted and found to be unsuccessful in treating the debilitating medical condition that qualified the patient for the medical use of marijuana.
