News in brief - Sept. 22/29, 2008

California court validates medical marijuana statute

A California appeals court upheld a state law allowing seriously ill patients access to medical marijuana with a physician's recommendation.

The 1996 statute shields qualified patients from criminal prosecution for using cannabis. San Diego and San Bernardino County officials argued the measure conflicted with federal law outlawing the drug's use. But the 4th District Court of Appeal disagreed in a July 31 decision, saying the federal law was intended to "combat recreational drug use, not to regulate a state's medical practices." Judges also concluded that the counties did not have standing to challenge the entire state law.

The counties are considering an appeal to the state Supreme Court. The California Medical Assn. has no position on the law.

California is one of 12 states to legalize medical marijuana use, according to the Marijuana Policy Project, which lobbies for such measures at the state and federal levels.

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Florida insurance initiative attracts 9 proposals

Cover Florida, a program to provide low-cost basic health insurance to the state's uninsured residents, attracted proposals from nine health insurance companies by its Aug. 12 bidding deadline.

The program, part of a health system reform bill adopted in May, will allow companies to offer health plans that are not subject to the state's approximately 50 coverage mandates. Plan enrollees must have been uninsured for at least six months and must not be eligible for government health coverage. Bidding insurers must submit one plan for catastrophic coverage, which includes inpatient hospital stays, hospital emergency care, urgent care, and outpatient surgery and diagnostic services.

Florida Gov. Charlie Crist and other policymakers expect Cover Florida plan premiums to be about $150 a month. Florida's Agency for Health Care Administration and its Office of Insurance Regulation intend to negotiate with participating plans in September and select health plans by Oct. 1. The law anticipates at least one statewide plan to be approved by the agency.

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