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Under increased scrutiny Governor Chris Christie’s medical marijuana plan has fallen apart. Proposals to make Rutgers University the sole cultivation source and have cannabis distributed at hospitals were a tantalizing prospect for everyone involved. Now expert legal analyses have matched the concerns pointed out by local medical marijuana advocates when the Governor first floated the concept weeks ago.
So it appears that the New Jersey Compassionate Use Medical Marijuana Act will go back to its original design, a move seen as a positive step for patient access.
Last week Rutgers University finally acknowledged that they would risk too much of their federal government support to justify growing medical marijuana. A statement was issued Friday:
Unfortunately, the results of our review have shown that there is no way for Rutgers to be involved in this initiative without violating the federal Controlled Substances Act, which we will not do.
Rutgers has numerous interactions with the federal government and the university routinely is required to make certifications that it is in compliance with federal law, In federal fiscal year 2009 alone, the university received more than $290 million in federal grants and contracts for research and an additional $262 million in grants, loans and work study funding for Rutgers students. We cannot put those programs in jeopardy. Read more
A monopoly on all medical cannabis production in New Jersey was being considered. Advocates and patients expressed their concerns.
Reed Gusciora, the Assembly sponsor of the compassionate use bill, was strongly rallying for the Governor’s plan. He told njnewsroom.com that the university “chickened out” and also; "Perhaps if they used Seton Hall lawyers they would have reached a more favorable result." Read more
Assemblyman Gusciora got what he wished for… Kate Greenwood, a research fellow at the Center for Health and Pharmaceutical Law and Policy at Seton Hall University School of Law ( Read her blog at HealthReformWatch.com ) wrote a brilliant OPED in the Bergen Record; The alternate approach to medical marijuana distribution.
Although Attorney General Eric Holder has pledged not to prosecute patients and providers who comply with applicable state laws, and hospitals could thus dispense medical marijuana without fear of criminal prosecution, they would still be violating federal law. Read more
Greenwood’s entire piece is essential reading for anyone interested in medical marijuana. Read in full at Bergen Record
Now with the renewed support of Senator Nicholas Scutari, the lead sponsor of the compassionate use law, DHSS and other state agencies will begin the process of implementation. Without any further amendments, six non-profit Alternative Treatment Centers are planned to start-up the program for New Jersey patients in early 2011.
Ken Wolski, Executive Director of the Coalition for Medical Marijuana New Jersey said, "Private citizens stand ready to offer their expertise and take on the necessary risks in order to serve patients. The medical marijuana law should be implemented as it is written without further delay. "
More about medical marijuana in New Jersey at www.cmmnj.org
NJ residents may contact legislators here
Read the full text of NJ's medical marijuana law http://www.njleg.state.nj.us/2008/Bills/PL09/307_.HTM
by Chris Goldstein, the Philadephia NORML Examiner. Chris is on the Board of Directors at CMMNJ. He may be contacted through media@cmmnj.org
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Comments
The OPED you cite is not "brilliant" or "essential." It is absurd. It argues that hospitals should not dispense marijuana because it is illegal to do so under federal law and will jeopardize their Medicare and Medicaid funding.
Doesn't that same logic also apply to the State itself? How much funding does the State get for Medicare and Medicaid? Indeed, anyone who possesses, provides, or uses medical marijuana will be violating federal law. What makes hospitals different from anyone else in that regard.
This underscores the absurdity of a state law that purports to allow its citizens to violate federal law.
Election Year Medicaid Medicare Inducement issues left open for November not openly discussed.
Judicial dilemmas, since all are offically allowed to bear arms again the big city Mayors are concerned about how the poor will be able to rearm themselves and are looking for some type of financial relief from Federal State Medicaid programs to maintain status quo.The higher courts face tough issues this term since making honest fraud legal, there agenda now turns toward making honest kickbacks and honest bribes equally as legal. This topic remains high as a shared issue by the medicaid medicare enrollment providers since they are looking to expand inducements past the complicated pregnancy stage.The DOJ has serious concerns that if legalized marijuana in California for medical reasons could be used as a inducement or inticement to help secure new enrollments for the Federal State Medicare Medicaid programs.The State of California is concerned that if the Feds step up their effort in killing off the marijuana crops it could cause higher tax problems that effect Medicaid currently under consideration by the State marijuana tax control board. Limo drivers cancel their planned DC rally and leave for California to protect this years crop. Wow, don't think I would like to be in Politics for this years elections.
Paragraph internet articles captured and merged into the power of a single thought that could tell a story. AmeriChoice Launches National Support Initiative for Community . Joins initiatives in more than 300 locations nationwide to recognize and support the work of Community Health Centers to provide health care to the ...
AmeriChoice of New Jersey is sponsoring or participating in 22 events at community health centers, in support of National Health Center Week, August 9-15, led by the National Association of Community Health Centers (NACHC). “As a partner with the New Jersey Department of Human Services in Medicaid, Personal Care Plus and NJ Family Care, we are committed to improving access to quality, affordable health care for the most vulnerable populations in America,” said John Kirchner, AmeriChoice of New Jersey president. Community Health Centers serve 18 million people at more than 7,000 sites nationwide, providing quality health care, supported by AmeriChoice corporate parent, UnitedHealth Group. About AmeriChoice of New Jersey, AmeriChoice of New Jersey serves approx. 275,610 Medicaid and NJ Familycare members in the state. The health plan is a unit of AmeriChoice, the public sector health care business of UnitedHealth Group (NYSE: UNH). UnitedHealth Group is a diversified Fortune 50 health and well-being company. AmeriChoice serves 2.6 million people in more than 20 states and the District of Columbia. CEO of AmeriChoice Health Bolts. John J. Kirchner - Director, Operations John Kirchner joined Healthfirst in May 2010 with over 25 years experience in health care management. Mr. Kirchner’s background includes responsibility for health plan P&L, strategic planning and operations, and government and regulatory affairs. Mr. Kirchner will be responsible for supporting all aspects of NJ health plan operations. Prior to joining Healthfirst, Mr. Kirchner held a variety of positions at AmeriChoice of New Jersey serving as President from 2007 through 2009. Judical decision, It’s true there is email thanking AmeriChoice health for their $25,000 cash gift and requesting much larger amounts for the pending year etc. from Community Health Center located in Bridgeton N.J.etc. It’s also true a licensed Health agents was fired for his refusal to deliver these checks. It’s true this behavior violates all the laws concerning bribes, kickbacks,fraud and Stark laws. It’s true this taint’s all the business then received from Community health center to AmeriChoice Health Company and then submitted to Mediciad and should be then held accountable and subject to all violations. Among its provisions, the anti-kickback statute penalizes anyone who knowingly and willfully solicits, receives, offers or pays remuneration in cash or in kind to induce, or in return for: A. Referring an individual to a person for the furnishing, or arranging for the furnishing, of any item or service payable under the Medicare or Medicaid program; or B. Purchasing, leasing or ordering , or arranging for or recommending purchasing, leasing or ordering, any goods, facility, service or item payable under the Medicare or Medicaid program. Violators are subject to criminal penalties, or exclusion from participation in the Medicare and Medicaid programs, or both. A violation of the anti-kickback law is a felony offense that carries criminal fines of up to $25,000 per violation, imprisonment for up to five years and exclusion from government health care programs. The federal anti-kickback statute, 42 U.S.C.§ 1320a-7b(b), prohibits individuals or entities from knowingly and willfully offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid or any other federally funded program. For purposes of the anti-kickback statute,remuneration means or includes the transfer of anything of value, directly or indirectly, overtly or covertly, in cash or in-kind. ps Wonder how many other cash checks were disbursed to community centers by AmeriChoice Health guess only the Shadow knows the DOJ certainly does not. Don't you just love the words partner, collaborate, team player and yes, these words should be made trigger words for someone or something getting screwed.
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