Read the full stored bill text
S4023
SENATE, No. 4023
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 19, 2026
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.96.
����
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 conformance with the provisions of the "Prescription Drug
Price and Quality Stabilization Act" (P.L.� 1977, c. 240; C. 24:6E-1 et
seq.), diabetic testing materials, and insulin, insulin syringes and insulin
needles;
���� b.��� "Reasonable
cost" means the maximum allowable cost of prescription drugs and a
dispensing fee, as determined by the commissioner.� In the case of diabetic
testing materials, the maximum allowable cost is the manufacturer's suggested
retail selling price or the pharmacy's usual over-the-counter price charged to
other persons in the community, whichever is less;
���� c.���� "Resident"
means one legally domiciled within the State for a period of 30 days
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 is prima facie evidence of abandonment of domicile.� The burden of
establishing legal domicile within the State is upon the applicant;
���� d.��� "Diabetic testing
materials" means blood glucose reagent strips which can be visually read,
urine monitoring strips, tapes and tablets and bloodletting devices and
lancets, but shall not include electronically monitored devices.
����
e.���� �Caregiver� means a
designated caregiver or an institutional caregiver, as those terms are defined
in section 3 of P.L.2009, c.307 (C.24:6I-3).
����
f.���� �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).
����
g.��� "Commissioner"
means the Commissioner of Human Services.
����
h.��� �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.
����
i.���� "Department"
means the Department of Human Services.
(cf: P.L.1985, c.291, s.2)
���� 5.��� (New section)� a.� The
�Pharmaceutical Assistance to the Aged and Disabled� program established
pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.) shall provide a payment to a
medical cannabis dispensary or clinical registrant that is participating in the
program for the cost of medical cannabis purchased by or on behalf of an
eligible person who is a registered qualifying patient that exceeds a $7
copayment upon presentation of an identification card issued by the program
identifying the registered qualifying patient as an eligible person.� The $7
copayment shall be paid in full by the eligible person or the eligible person�s
caregiver at the time medical cannabis is dispensed to or on behalf of the
registered qualifying patient, and shall not be waived, discounted, or rebated
in whole or in part.� The payments to medical cannabis dispensaries and
clinical registrants shall commence no later than the effective date of P.L.���
, c.��� (C.������� ) (pending before the Legislature as this bill).
���� b.��� An eligible person who
is a registered qualifying patient whose medical cannabis costs are covered in
part by any other program or plan of assistance or insurance may be required to
receive reduced assistance under the provisions of this section.� Any otherwise
eligible person whose medical cannabis costs are wholly covered by any other
plan of assistance or insurance shall be ineligible for assistance under the
provisions of this section.�
���� c.���� The Commissioner of
Human Services, in consultation with the Cannabis Regulatory Commission
established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24), may
establish limits on the maximum quantity of medical cannabis that may be
purchased by or on behalf of an eligible person in a 30-day period under the
program, which limits may be in an amount lower than the maximum quantities of
medical cannabis that may be dispensed to or on behalf of a registered
qualifying patient pursuant to subsection f. of section 10 of P.L.2009, c.307
(C.24:6I-10).
���� d.��� An eligible person under
the program shall, upon the submission of an application and proof of
expenditure as the department may prescribe, be reimbursed for 50 percent of
the cost of medical cannabis purchased by or on behalf of that person in an
amount that exceeds the required copayment, during the period commencing 30
days after the person's properly completed application was received by the
department and ending on the date on which the person received proof of
eligibility from the department; except that no reimbursement under this
section shall be made for medical cannabis purchased prior to the effective
date of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this
bill).
���� e.���� The commissioner shall
by regulation provide for:
���� (1)�� arrangements for
providing notice of the availability of the program and the distribution of
application forms therefor;
���� (2)�� a system of payments to
medical cannabis dispensaries and clinical registrants that may include the
same dispensing fee structure that is used for payments to pharmacies under
PAAD and a system for determining eligibility for the program, including evidence
of complete or partial coverage of prescription drug or medical cannabis costs
by any other program or plan of assistance or insurance; and
���� (3)�� the issuance of program
identification cards to persons who are determined eligible for the program.
���� 6.��� Section 2 of P.L.2001,
c.96 (C.30:4D-44) is amended to read as follows:
���� 2.��� As used in this act:
����
�Caregiver� means a
designated caregiver or an institutional caregiver, as those terms are defined
in section 3 of P.L.2009, c.307 (C.24:6I-3).
����
�Clinical registrant� means
the same as that term is defined in section 3 of P.L.2009, c.307 (C.24:6I-3).
���� "Commissioner" means
the Commissioner of Human Services.
����
�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.
���� "Department" means
the Department of Human Services.
����
�Medical cannabis
dispensary� means the same as that term is defined in section 3 of P.L.2009,
c.307 (C.24:6I-3).
���� "PAAD" means the
program of pharmaceutical assistance to the aged and disabled established
pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.).
���� "Prescription drug"
means any legend drug which is covered by PAAD.
���� "Program" means the
"Senior Gold Prescription Discount Program" established pursuant to
this act.
���� "Reasonable cost"
means the cost of a prescription drug as established for PAAD.
����
�Registered qualifying
patient� means the same as that term is defined in section 3 of P.L.2009, c.307
(C.24:6I-3).
���� "Resident" means a
resident as defined in section 3 of P.L.1975, c.194 (C.30:4D-22) for purposes
of eligibility for PAAD.
(cf: P.L.2012, c.17, s.386)
���� 7.��� (New section)� a.� The
�Senior Gold Prescription Discount Program� established pursuant to P.L.2001,
c.96 (C.30:4D-44 et al.) shall provide a payment to a medical cannabis
dispensary or clinical registrant that is participating in the program for the
cost of medical cannabis purchased by or on behalf of an eligible person who is
a registered qualifying patient upon presentation of an identification card
issued by the program identifying the registered qualifying patient as an
eligible person.� The payments to medical cannabis dispensaries and clinical
registrants shall commence no later than the effective date of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill).
���� At the time of each purchase
of medical cannabis, the eligible person or the eligible person�s caregiver
shall pay a copayment that shall not be waived, discounted, or rebated in whole
or in part, and shall be equal to:
���� (1)�� $15 plus 50 percent of
the remaining amount of the cost of the medical cannabis, or the cost of the
medical cannabis, whichever is less; or
���� (2)�� $15, or the cost of the
medical cannabis, whichever is less, in the case of an eligible person who is a
registered qualifying patient who has incurred out-of-pocket expenditures,
including copayments and deductibles, for the purchase of prescription drugs
and medical cannabis, which are not reimbursable by any other plan of
assistance or insurance and are credited to that person's account for each
12-month period of eligibility in accordance with procedures established by the
commissioner, in the following amounts: $2,000 for a single person and $3,000
for a married couple.� These out-of-pocket expense amounts shall include only
expenses incurred on or after the date that the person received proof of
eligibility for the program from the department.
���� b.��� An eligible person who
is a registered qualifying patient whose medical cannabis costs are covered in
part by any other program or plan of assistance or insurance may be required to
receive reduced assistance under the Senior Gold Prescription Discount Program.�
If an eligible person's medical cannabis costs are covered in whole or in part
by any other program or plan of assistance or insurance, the other program or
plan shall be the primary payer and the Senior Gold Prescription Discount
Program shall be the payer of last resort.
���� c.���� The Commissioner of
Human Services, in consultation with the Cannabis Regulatory Commission
established pursuant to section 31 of P.L.2019, c.153 (C.24:6I-24), may
establish limits on the maximum quantity of medical cannabis that may be
purchased by or on behalf of an eligible person in a 30-day period under the
program, which limits may be in an amount lower than the maximum quantities of
medical cannabis that may be dispensed to or on behalf of a registered
qualifying patient pursuant to subsection f. of section 10 of P.L.2009, c.307
(C.24:6I-10).
���� d.��� An eligible person under
the program shall, upon the submission of an application and proof of
expenditure as the department may prescribe, be reimbursed for 50 percent of
the cost of medical cannabis purchased by or on behalf of that person in an
amount that exceeds the required copayment, during the period commencing 30
days after the person's properly completed application was received by the
department and ending on the date on which the person received proof of
eligibility from the department; except that no reimbursement under this
section shall be made for medical cannabis purchased prior to the effective
date of P.L.��� , c.��� (C.������� ) (pending before the Legislature as this
bill).
���� e.���� The commissioner shall
by regulation provide for:
���� (1)�� arrangements for
providing notice of the availability of the program and the distribution of
application forms therefor;
���� (2)�� a system of payments to
medical cannabis dispensaries and clinical registrants that may include the
same dispensing fee structure that is used for PAAD and a system for
determining eligibility for the program, including evidence of complete or
partial coverage of prescription drug or medical cannabis costs by any other
program or plan of assistance or insurance; and
���� (3)�� the issuance of program
identification cards to persons who are determined eligible for the program.
���� 8.��� Section 2 of P.L.1971,
c.317 (C.52:4B-2) is amended to read as follows:
���� 2.��� As used in P.L.1971,
c.317:
���� "Agency" means the
Victims of Crime Compensation Agency;
���� "Child" means an
unmarried person who is under 21 years of age and includes a stepchild or an
adopted child;
����
�Clinical registrant� means
the same as that term is defined in section 3 of P.L.2009, c.307 (C.24:6I-3);
����
�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;
���� "Dependent" means a
relative of a deceased victim who was wholly or partially dependent upon the
victim's income at the time of the victim's death and shall include the child
of a victim born after the victim's death;
���� "Legal assistance"
means assistance provided to a crime victim in the enforcement of victims'
rights in all courts; family law matters, including but not limited to child
protection actions, divorce, custody, parenting time, child support, emancipation,
dependency, guardianship, and family reunification; obtaining protective and
restraining orders; employment matters, including but not limited to wage and
hour claims; accessing public benefits; life planning; and any other situation
for which an eligible crime victim needs legal services related to the
victimization;
����
�Medical cannabis
dispensary� means the same as that term is defined in section 3 of P.L.2009,
c.307 (C.24:6I-3);
���� "Personal injury"
means actual bodily harm and includes pregnancy and mental or nervous shock;
����
�Registered qualifying
patient� means the same as that term is defined in section 3 of P.L.2009, c.307
(C.24:6I-3);
���� "Relative" of any
person means the person's spouse, parent, grandparent, stepfather, stepmother,
child, grandchild, brother, sister, half brother, half sister, or parent of the
person's spouse;
���� "Relevant evidence"
means evidence having a tendency in reason to prove or disprove any fact of
consequence to the determination of the action and that is deemed to be
admissible under the rules of evidence and does not include rumor, supposition,
speculation, hearsay or opinion, except as otherwise deemed admissible under
the rules of evidence;
���� "Review Board" or
"board" means the Victims of Crime Compensation Review Board
established by section 2 of P.L.2007, c.95 (C.52:4B-3.2);
���� "Victim" means a
person who suffers personal, physical, or psychological injury or death as a
result of the conduct of another person who commits against that person any of
the offenses specified in section 11 of P.L.1971, c.317 (C.52:4B-11) or an act
by a juvenile, which if committed by an adult, would constitute a violation of
any of these offenses.� The term shall include, in the case of a criminal
homicide or an act by a juvenile which, if committed by an adult, would
constitute a criminal homicide, the spouse, parent, legal guardian,
grandparent, child, sibling, domestic or civil union partner of the decedent,
or parent of the decedent's child;
���� "Victims of Crime
Compensation Office" or "office" means the Victims of Crime
Compensation Agency established pursuant to P.L.1971, c.317 (C.52:4B-1 et seq.)
which is continued as the Victims of Crime Compensation Office pursuant to P.L.2007,
c.95 (C.52:4B-3.2 et al.) and Reorganization Plan No. 001-2008.
(cf: P.L.2019, c.380, s.1)
���� 9.��� Section 12 of P.L.1971,
c.317 (C.52:4B-12) is amended to read as follows:
���� 12.� The
[
agency
]
office
may order the payment of compensation under this act for:
���� a.���� expenses actually and
reasonably incurred as a result of the personal injury or death of the victim,
including out-of-pocket losses which shall mean unreimbursed and unreimbursable
expenses or indebtedness reasonably incurred for medical care or other services
necessary as a result of the injury upon which such application is based
,
which shall include the cost of medical cannabis dispensed to or on behalf of a
victim who is a registered qualifying patient by a medical cannabis dispensary
or clinical registrant
,
���� b.��� loss of earning power as
a result of total or partial incapacity of such victim,
���� c.���� pecuniary loss to the
dependents of the deceased victim, and
���� d.��� any other pecuniary loss
resulting from the personal injury or death of the victim which the
[
agency
]
office
determines to be reasonable.
����
Notwithstanding the
provisions of subsection a. of this section, the office, in consultation with
the Cannabis Regulatory Commission established pursuant to section 31 of
P.L.2019, c.153 (C.24:6I-24), may establish limits on the maximum quantity of
medical cannabis for which payment of compensation may be made under this
section to an individual in a 30-day period, which limits may be in an amount
lower than the maximum quantities of medical cannabis that may be dispensed to
or on behalf of a registered qualifying patient pursuant to subsection f. of
section 10 of P.L.2009, c.307 (C.24:6I-10).
(cf:� P.L.2007, c.95, s.16)
���� 10.� Section 1 of P.L.1981
c.258 (C.52:4B-10.1) is amended to read as follows:
���� 1.��� a.� The Victims of Crime
Compensation Office may make one or more emergency awards to any applicant for
compensation pending final determination of a case, when it determines that
compensation is likely to be provided and that the applicant will suffer undue
hardship if funds are not made immediately available.� The amount of any one
emergency award shall not exceed $7,500.� Any emergency awards made to an
applicant shall be deducted from the final amount of compensation provided to
an applicant by the office.� If the amount of compensation made by the office
to an applicant is less than the sum provided to the applicant through
emergency grants, the applicant shall pay to the office an amount of money
equal to the difference.� If the office determines that an applicant who has
received emergency awards shall receive no compensation, the applicant shall
repay to the office the total amount of all emergency awards which the
applicant received.
���� b.��� In addition to any
emergency award made pursuant to the provisions of subsection a. of this
section, the office may make an emergency award in an amount not to exceed
$1,000 for compensation for funds stolen from a victim in connection with any
of the incidents specified in section 11 of P.L.1971, c.317 (C.52:4B-11) except
burglary pursuant to paragraph (11) of subsection b. of section 11 of P.L.1971,
c.317 (C.52:4B-11), whether or not the victim suffered personal injury, under
the following circumstances:
���� (1)�� The victim is 60 years
of age or older or is disabled as defined pursuant to the federal Social
Security Act, 42 U.S.C. s. 416(i);
���� (2)�� The victim's income does
not exceed the limits adopted by the State Department of Human Services as the
standard of need for the General Assistance Program;
���� (3)�� (Deleted by amendment,
P.L.2019, c.380)
���� (4)�� The victim establishes:
���� (a)�� that the victim has
filed a police report indicating, among other things, the amount stolen;
���� (b)�� that the victim has
cooperated with investigative and prosecuting authorities; and
���� (c)�� the source of the funds
stolen; and
���� (5)�� The office is satisfied
that there are no other sources available to provide the victim with funds
necessary to cover immediate costs of essential shelter, food, or medical
expenses,
which medical expenses shall include the cost of medical cannabis
dispensed to or on behalf of a victim who is a registered qualifying patient by
a medical cannabis dispensary or clinical registrant,
and that, but for the
victim's loss, the victim would otherwise have had the funds to pay these
costs.
���� c.���� The office shall direct
that any funds awarded pursuant to this act be expended solely to cover the
costs established pursuant to paragraph (5) of subsection b. of this section.
���� d.��� (Deleted by amendment,
P.L.2007, c.95).
����
e.���� Notwithstanding the
provisions of paragraph (5) of subsection b, of this section, the office, in
consultation with the Cannabis Regulatory Commission established pursuant to
section 31 of P.L.2019, c.153 (C.24:6I-24), may establish limits on the maximum
quantity of medical cannabis that may be covered under this section for an
individual in a 30-day period, which limits may be in an amount lower than the
maximum quantities of medical cannabis that may be dispensed to or on behalf of
a registered qualifying patient pursuant to subsection f. of section 10 of
P.L.2009, c.307 (C.24:6I-10).
(cf: P.L.2019, c.380, s.5)
���� 11.� Section 2 of P.L.1999,
c.166 (C.52:4B-18.2) is amended to read as follows:
���� 2.��� a.���� In addition to
any award granted pursuant to section 18 of P.L.1971, c.317 (C.52:4B-18), the
Victims of Crime Compensation�
[
Agency
]
Office
may make one or more supplemental awards for the purpose of providing
rehabilitative assistance to catastrophically injured crime victims or other
persons entitled to compensation under section 10 of P.L.1971, c.317
(C.52:4B-10).
���� b.��� The rehabilitative
assistance which the supplemental award may cover can include, but is not
limited to, any of the following services not covered by the original award of
compensation or by other sources provided that the
[
agency
]
office
determines that
the services are reasonable and necessary:
���� (1)�� Surgical and therapeutic
procedures;
���� (2)�� Rehabilitative physical
and occupational therapy designed to restore an optimum function level;
���� (3)�� Prescription drugs and
medical supplies
, which shall include the cost of medical cannabis dispensed
by a medical cannabis dispensary or clinical registrant to or on behalf of a
catastrophically injured crime victim or other person entitled to compensation
under section 10 of P.L.1971, c.317 (C.52:4B-10) who is a registered qualifying
patient
;
���� (4)�� Cognitive and
psychological therapy;
���� (5)�� Home health assistance;
���� (6)�� Vehicle modifications;
���� (7)�� Driver training;
���� (8)�� Wheelchair, braces,
splints, crutches, walkers, shower or commode chair and any other personal
adaptive equipment required to meet individual disability needs;
���� (9)�� Structural modifications
to living environment designed to provide accessibility and to maximize
independence;
���� (10)��� Dependent care as
needed.
���� �c.��� The Victims of Crime
Compensation
[
Agency
]
Office
is authorized to make rules and regulations prescribing the procedures to be
followed in qualifying for a supplemental award.� The
[
agency
]
office
is also authorized to establish a cap on the total amount of supplemental
awards to be made in a year and a cap on the amount which a person may receive
as a supplemental award, which personal cap shall not be less than $25,000.�
Notwithstanding
the provisions of paragraph (3) of subsection b. of this section, the office,
in consultation with the Cannabis Regulatory Commission established pursuant to
section 31 of P.L.2019, c.153 (C.24:6I-24), may establish limits on the maximum
quantity of medical cannabis dispensed to or on behalf of an individual in a
30-day period that may be eligible for a supplemental award under this section,
which limits may be in an amount lower than the maximum quantities of medical
cannabis that may be dispensed to or on behalf of a registered qualifying
patient pursuant to subsection f. of section 10 of P.L.2009, c.307 (C.24:6I-10).
���� d.��� The payment of any
supplemental award granted under the provisions of this section shall be
approved by the
[
agency
]
office
for payment out of funds appropriated for the administration of P.L.1971, c.317
(C.52:4B-1 et seq.), the "Criminal Injuries Compensation Act of
1971."
���� e.���� A catastrophically
injured crime victim who received a compensation award prior to the enactment
of this section may apply for a supplemental award pursuant to the provisions
of this section.� A denial by the
[
agency
]
office
of an application made pursuant to the provisions of this subsection shall not
be subject to appeal.
���� f.���� As used in this
section, "catastrophically injured crime victim" means a person who
is injured by any act or omission of another person which is within the
description of the offenses specified in section 11 of P.L.1971, c.317
(C.52:4B-11) and who has sustained a severe long term or life long personal
injury.
(cf: P.L.2007, c.95, s.20)
���� 12.� This act shall take
effect 180 days after the date of enactment.
STATEMENT
����� This bill requires the Catastrophic Illness in
Children Relief Fund, the �Pharmaceutical Assistance to the Aged and Disabled�
(PAAD) program, the �Senior Gold Prescription Discount Program,� and the
Victims of Crime Compensation Office (VCCO) to cover the cost of medical
cannabis dispensed to or on behalf of registered qualifying patients eligible
for or receiving benefits under those programs.�
����� Specifically, the bill will require the Catastrophic
Illness in Children Relief Fund to assist with the cost of medical cannabis for
a child who is eligible for assistance from the program who is a registered
qualifying medical cannabis patient, subject to rules and regulations
promulgated by the Catastrophic Illness in Children Relief Fund Commission and
the availability of monies in the fund.�
����� Under the PAAD and Senior Gold programs, at the time
of each purchase of medical cannabis, the eligible person or the eligible
person�s caregiver will be required to pay a copayment that may not be waived,
discounted, or rebated in whole or in part.� The State will then reimburse the
medical cannabis dispensary or clinical registrant for the balance of the
purchase price of the medical cannabis, which purchase price will be the price
listed on the medical cannabis dispensary�s or clinical registrant�s website as
required pursuant to subsection h. of section 7 of P.L.2009, c.307 (C.24:6I-7)
less any applicable discounts or price reductions.
����� Under the PAAD program, the copayment will be $7.�
Under the Senior Gold program, the copayment will be equal to:
����� 1)�� $15 plus 50 percent of the remaining amount of
the cost of the medical cannabis, or the cost of the medical cannabis,
whichever is less; or
����� 2)�� $15, or the cost of the medical cannabis,
whichever is less, in the case of an eligible person who has incurred
out-of-pocket expenditures, including copayments and deductibles, for the
purchase of prescription drugs and medical cannabis, which are not reimbursable
by any other plan of assistance or insurance and are credited to that person's
account for each 12-month period of eligibility in accordance with procedures
established by the Commissioner of Human Services, in the following amounts:
$2,000 for a single person and $3,000 for a married couple.� These
out-of-pocket expense amounts will include only expenses incurred on or after
the date that the person received proof of eligibility for the program.
����� An eligible person whose medical cannabis costs are
covered in part by any other program or plan of assistance or insurance may be
required to receive reduced assistance under the PAAD and Senior Gold
programs.� Under the PAAD program, if an eligible person's medical cannabis
costs are covered in whole by any other program or plan of assistance or
insurance, the person will be ineligible for PAAD assistance; under the Senior
Gold program, if an eligible person�s medical cannabis costs are covered in whole
or in part by another plan of assistance or insurance, the Senior Gold program
will be the payer of last resort.
����� The Commissioner of Human Services, in consultation
with the Cannabis Regulatory Commission, may establish limits on the maximum
quantity of medical cannabis that may be purchased by or on behalf of an
eligible person in a 30-day period under the PAAD and Senior Gold programs,
which limits may be in an amount lower than the maximum quantities of medical
cannabis that may be dispensed to or on behalf of a registered qualifying
patient pursuant to subsection f. of section 10 of P.L.2009, c.307 (C.24:6I-10).
����� The bill provides that eligible persons under the
PAAD and Senior Gold programs may be reimbursed for 50 percent of the cost of
medical cannabis purchased by or on behalf of that person in an amount that
exceeds the required copayment, during the period commencing 30 days after the
person's properly completed application was received by the department and
ending on the date on which the person received proof of eligibility from the
department; except that no reimbursement may be made for medical cannabis purchased
prior to the effective date of the bill.�
����� This bill requires the Victims of Crime Compensation
Office (VCCO) to include the costs associated with the medical use of cannabis
as an expense for which a victim may receive compensation, an emergency award,
or a supplemental award.
����� Under current law, victims of certain crimes are
eligible to receive compensation from the VCCO for certain expenses, including
unreimbursed and unreimbursable expenses reasonably incurred for medical care
or other services necessary as a result of the victim�s injury.� This bill
provides that the expenses that are eligible for compensation from the VCCO
will include the cost of medical cannabis dispensed to or on behalf of a victim
who is an eligible medical cannabis patient.
����� Current law also provides that the VCCO may make an
emergency award to an applicant pending final determination of a case when the
office determines that compensation is likely to be provided and that the
applicant will suffer undue hardship if funds are not made immediately
available.� Under current law, the funds are only permitted to be used to cover
immediate costs of essential shelter, food, or medical expenses.� The bill
provides that medical expenses are to include the cost of medical cannabis dispensed
to or on behalf of an applicant who is an eligible medical cannabis patient.
����� In addition, current law provides that certain crime
victims who are catastrophically injured are eligible to receive an additional,
supplemental award to be used for certain rehabilitative services, including
prescription drugs and medical supplies.� This bill provides that the cost of
medical cannabis dispensed to or on behalf of a catastrophically-injured crime
victim who is an eligible medical cannabis patient will be included as a
rehabilitative service for which the victim may receive a supplemental award.
����� The bill specifies that the VCCO, in consultation
with the Cannabis Regulatory Commission, may establish limits on the maximum
quantity of medical cannabis that will be eligible for coverage, payment, or
reimbursement from the VCCO under these various programs for an individual in a
30-day period.� These limits may be in an amount lower than the maximum
quantities of medical cannabis that may be dispensed to or on behalf of a
registered qualifying patient pursuant to subsection f. of section 10 of P.L.2009,
c.307 (C.24:6I-10).