New Mexico’s largest licensed hashish producer has filed a lawsuit searching for to pressure well being insurers to cowl the price of medical hashish for sufferers enrolled within the state program for behavioral well being situations, the Santa Fe New Mexican reviews. The lawsuit claims {that a} legislation handed final 12 months, which prohibits insurers from requiring sufferers to share the price of medicines for psychological or behavioral well being, ought to apply to sufferers utilizing hashish for his or her situations.
The category-action lawsuit on behalf of six named sufferers by Extremely Well being additionally seeks damages for the reason that sufferers have been compelled to pay the full value for their very own medical hashish used to deal with their psychological well being and behavioral situations.
The criticism, which was filed final week in state District Court docket in Bernalillo County, additionally seeks “disgorgement of the hundreds of thousands of {dollars} in extra earnings and revenues retained” by the insurance coverage corporations by way of an award of an unspecified quantity of punitive damages to be decided by a jury.
One of many named plaintiffs is state Sen. Jacob Candelaria (D) who makes use of hashish to deal with signs of post-traumatic stress dysfunction.
Extremely Well being President Duke Rodriguez estimated that about 55% of the state’s medical hashish sufferers – about 74,000 folks – are enrolled in this system, a minimum of partly, for PTSD-related signs.
“The concept of medical health insurance plans paying for medical hashish might appear to be an unattainable dream, however all of the foundational components have already fallen into place. Revolutionizing behavioral healthcare in New Mexico will take just a few small steps, fairly than a large leap.” — Rodriguez in an announcement, by way of the New Mexican
The insurance coverage corporations named as defendants embrace Blue Cross and Blue Defend of New Mexico; Cigna Well being and Life Insurance coverage Firm; True Well being New Mexico; Molina Healthcare of New Mexico; Presbyterian Well being Plan; Presbyterian Insurance coverage Firm; and Western Sky Neighborhood Care, the report says.
Extremely Well being and Rodriguez have beforehand sued the state over plant counts, buy limits, and the variety of dispensaries allowed by licensees. In February, in a lawsuit introduced by Extremely Well being, the state Supreme Court docket dominated that medical hashish purchases within the state aren’t topic to its gross receipts tax.
Medical hashish producers within the state had requested tax refunds in 2014 and in 2018 however the state Taxation and Income Division had denied these claims. In 2020, New Mexico Court docket of Appeals Choose M. Monica Zamora dominated that medical hashish ought to be handled like different prescriptions, which aren’t taxed. Extremely Well being had not been charging sufferers taxes, opting as an alternative to soak up such taxes. The corporate mentioned that it could obtain a $7.4 million refund plus curiosity following the Supreme Court docket ruling.
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