Not an effective cannabis medicine for Hartz IV recipients

Not an effective cannabis medicine for Hartz IV recipients

Trier Social Court: unemployed people have alternative treatment options
An alternative cannabis therapy should not be available to sufferers of Hartz IV sufferers, although scientific evidence already suggests effectiveness in chronic diseases. Such therapy is associated with higher costs that recipients of social assistance or unemployment benefit II cannot afford. Therefore, a patient made an application for reimbursement of costs on the recommendation of her treating doctor.

Sick Hartz IV recipients cannot get the costs for cannabis flowers from the pharmacy reimbursed either by the job center or by cash register. The social court in Trier decided in two decisions announced on Thursday, February 28, 2016 (Az .: S 5 KR 68/16 ER and S 5 AS 47/16).

A Hartz IV beneficiary failed with her applications for the reimbursement of costs for 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 recommended her cannabis for treatment. But for the 45 grams of cannabis flowers with the cannabinoids they contain, the woman would have had to pay 700 euros in the pharmacy with an exemption. Since she could not afford this, her health insurance company or the job center should pay for this additional Hartz IV requirement.

In its rulings of April 26, 2016, the social court ruled that the woman has other, alternative treatments available. According to the law, new methods of treatment are generally only to be provided at the expense of the health insurance companies if the Federal Joint Committee has made appropriate recommendations beforehand. This is missing here. The legislator has also not issued any rules on this. There is also no additional requirement that can be taken into account at Hartz IV.

On April 6, 2016, the Federal Administrative Court ruled that seriously ill patients could be allowed to grow their own cannabis in individual cases (Az .: 3 C 10.14; JurAgentur report from the judgment day). This applies at least if the use of cannabis leads to a considerable relief of the symptoms and the patient does not have an effective and affordable medication available. (fle)

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