Washington, DC: A coalition of prohibitionist groups has filed a lawsuit to halt the implementation of a pilot program providing eligible hemp-derived products to Medicare beneficiaries.
The lawsuit, filed on Tuesday in the US District Court for the District of Columbia, argues that the Centers for Medicare & Medicaid Services created the program without providing proper notice and failed to provide an opportunity for public comment. The litigation also argues that the program seeks to provide beneficiaries with access to products that Congress recently classified as no longer meeting the legal definition of hemp.
Plaintiffs are seeking to permanently enjoin the program. On Wednesday, a judge denied plaintiffs’ request for a temporary restraining order to halt the program from taking effect. A hearing on plaintiffs’ motion for an injunction has been scheduled for April 20th.
The Trump administration publicly announced the creation of the CMS reimbursement program for hemp-derived products in December. In mid-March, the Centers for Medicare & Medicaid Services posted a Frequently Asked Questions page providing details on how the agency intends to dispense hemp-derived products to beneficiaries and defining which type of products will be available under the program. CMS Administrator Dr. Mehmet Oz acknowledged the official launch of the program on April 1st.
Additional details about the program are available from the Centers for Medicare & Medicaid Services.