New Mexico medical cannabis company Top Organics-Ultra Health and six medical patients have filed a proposed class action against seven payers they say should be covering medical cannabis costs as a behavioral health service.
The lawsuit was filed June 10 against Blue Cross and Blue Shield of New Mexico, True Health New Mexico, Cigna, Molina Healthcare of New Mexico, Presbyterian Health Plan, Presbyterian Insurance and Western Sky Community Care.
The plaintiffs are seeking "recovery for themselves, and for every other similarly situated behavioral or mental health patient unlawfully subjected to paying for the entire cost of medically necessary cannabis, in violation of state law."
Medical cannabis became legal in New Mexico in 2007. The lawsuit focuses on state legislation passed in 2021 that requires payers to cover 100 percent of behavioral health services and all prescribed treatments, according to the Albuquerque Journal.
"The idea of health insurance plans paying for medical cannabis may seem like an impossible dream, but all the foundational elements have already fallen into place," Ultra Health President and CEO Duke Rodriguez said in a June 13 news release. "There will be more patients identified who have been harmed by insurers not lawfully abiding to the statutory duty of eliminating any cost sharing related to behavioral health services."