Health Canada

Changing coverage for medical marijuana

December 28, 2017

Health Canada statistics reveal the number of Canadians with prescriptions for medical marijuana more than tripled between the fall of 2015 and 2016 from 30,537 people to nearly 100,000 individuals. And with legalized marijuana for recreational use slated to come into effect July 1, 2018, it is expected that use of the drug will soar.

In response to the proliferation of legal marijuana use, life and health insurance companies have had to rethink several aspects of their pricing and coverage including whether or not:

  • Individual life insurance applicants using marijuana must pay smokers’ rates
  • Benefit plans will reimburse clients for the cost of medical marijuana.

Smoker/Non-smoker rates
Until the last several years, marijuana users applying for individual life insurance had to pay smokers’ rates. For example, a man in his 30s could expect to pay about two to three times as much for a policy than a non-smoker. A smoker in his 40s could expect to pay three to four times as much.

Insurance companies charged this massive price increase because smokers have a much higher risk of death than non-smokers. In addition, smokers often have other health problems like poor diets or an inactive lifestyles.

Within the last two years, the following insurers in Canada announced their plans to begin underwriting medical and recreational marijuana users as non-smokers, including:

  • Sun Life
  • BMO Life Insurance
  • Canada Life
  • London Life
  • Great-West Life

Sun Life is taking the most comprehensive approach, saying it will treat anyone who consumes marijuana but doesn’t smoke tobacco as a non-smoker. BMO Life Insurance is more restrained, limiting non-smoker status to people using only two marijuana cigarettes per week. Canada Life, London Life, and Great-West Life issued a joint statement which said that “clients who use marijuana will no longer be considered smokers, unless they use tobacco, e-cigarettes or nicotine products.”

This change won’t affect group benefits as coverage is not individually underwritten. An article on Advisor.ca includes a chart comparing where a series of major Canadian life insurers stand on pot use.

Drug plan coverage
So, what about coverage for medical marijuana under your benefits plan?

If your coverage includes a health care spending account (HCSA), you are in luck. Medical marijuana is an eligible expense under HCSAs because the Canada Revenue Agency (CRA) allows it to be claimed as a medical expense on income tax returns. Note that only marijuana is eligible under CRA medical exempt items, not vaporizers or other items used to consume it.

However, even though physicians are prescribing cannabis and people are using it for medical reasons, it is not currently covered under almost all traditional drug benefits. That’s because Health Canada hasn’t reviewed it for safety and effectiveness or approved it for therapeutic use the way it reviews and approves all other prescription drug products.

This means marijuana hasn’t been assigned a drug identification number (DIN), which the insurance industry usually requires before a drug can be covered. Until there is research that can be reviewed by Health Canada, marijuana will remain an unapproved drug and unlikely to be covered by your plan.

However several recent events suggest that it may be only a matter of time until group and individual drug plans offer at least limited coverage for medicinal marijuana.

Jonathan Zaid, a student at the Umiversity of Waterloo is the executive director of the group Canadians for Fair Access to Medical Marijuana. He has a rare neurological condition that causes constant headaches, along with sleep and concentration problems. Zaid said he was sick for five years before even considering medical cannabis. He tried 48 prescription medications, along with multiple therapies, all of which were covered by his insurer without question – except for medical cannabis.

After eight months of discussions, the student union (who administers the student health plan) came to the conclusion that they should cover it because it supports his academics and should be treated like a medication.

Similarly, the Nova Scotia Human Rights Board ruled in early 2017 that Gordon Skinner’s employee insurance plan must cover him for the medical marijuana he takes for chronic pain following an on-the-job motor vehicle accident. Inquiry board chair Benjamin Perryman concluded that since medical marijuana requires a prescription by law, it doesn’t fall within the exclusions of Skinner’s insurance plan.

Perryman said the Canadian Elevator Industry Welfare Trust Plan contravened the province’s Human Rights Act, and must cover his medical marijuana expenses “up to and including the full amount of his most recent prescription.”

And at least one major company is covering employees for medical marijuana in very specific circumstances. In March 2017, Loblaw Companies Limited and Shoppers Drug Mart announced in an internal staff memo that effective immediately it will be covering medical pot under the employee benefit plan up to a maximum of $1,500 per year for about 45,000 employees.

Claims to insurance provider Manulife “will be considered only for prescriptions to treat spasticity and neuropathic pain associated with multiple sclerosis and nausea and vomiting in chemotherapy for cancer patients,” said Basil Rowe, senior vice-president of human resources at Loblaw Companies Ltd., owner of Shoppers, in the memo.

“These are the conditions where the most compelling clinical evidence and literature supports the use of medical marijuana in therapy,” explained Loblaw/Shoppers spokesperson Tammy Smitham. “We will continue to review evidence as it becomes available for other indications (conditions).”

Since cannabis does not yet have a Drug Identification Number recognized by insurers, it isn’t covered under typical drug spending. However, it will be covered through a special authorization process where plan members will pay and submit their claim after, said Smitham.

The move could trickle down to other Canadian employers and their benefit plans and even set a precedent, Paul Grootendorst, an expert on insurance and reimbursement and director of the division of social and administrative pharmacy in the Leslie Dan Faculty of Pharmacy at the University of Toronto told the Toronto Star.

Written by Sheryl Smolkin
Sheryl Smolkin LLB., LLM is a retired pension lawyer and President of Sheryl Smolkin & Associates Ltd. For over a decade, she has enjoyed a successful encore career as a freelance writer specializing in retirement, employee benefits and workplace issues. Sheryl and her husband Joel are empty-nesters, residing in Toronto with their cockapoo Rufus.

How to prepare financially for a new baby

June 6, 2013

By Sheryl Smolkin

SHUTTERSTOCK
SHUTTERSTOCK

When my daughter was born almost 34 years ago, a wise aunt told me that “babies bring their own love with them.” But they also bring sleepless nights, less family income while on maternity leave and lots of other bills like daycare when parents go back to work.

If you are planning a family, you can accumulate money in a tax free savings account for a year or more before you get pregnant. Funds you withdraw can be put back into the account in the next year or subsequent years without penalty.

You can also make an RRSP contribution, get back the tax return and put that money in your “baby fund.” Another option is to withdraw money from your RRSP in the year you and/or your spouse are off work and earning less income. However, think this option over carefully because once you withdraw funds from an RRSP, the contribution room is lost forever.

A birth mother who plans on nursing her baby may need to be the primary caregiver for most of the first year. Nevertheless, if the other parent has a generous Employment Insurance top-up for some period of time, it may make more economic sense for the other spouse to take a good chunk of the available parental leave.

Regardless of how you plan to split up the leave, speak to your HR department and make sure you fully understand both the Employment Insurance rules and provincial labour laws so you are in the best position to take full advantage of the available benefits and protected leave period.

For example:

  • You are eligible to receive EI maternity or parental benefits if you have paid premiums; your normal weekly earnings are reduced by at least 40%; and, you have worked at least 600 hours in the qualifying period (generally the previous 52 weeks).
  • Only a birth mother is entitled to 15 weeks of maternity benefits after a two week waiting period. However, parents can share the 35 weeks of parental benefits.
  • EI benefits are taxable income so federal and provincial income tax will be deducted from your benefits.
  • You will go back to your previous job or a similar job with the at least the same wages and benefits.
  • If you work while receiving EI maternity benefits, the entire amount you earn dollar for dollar will be deducted from your benefits.
  • Under the new EI while working on claim pilot project, when you or your spouse are on parental leave you will be able to keep 50 cents of your EI benefits for every dollar you earn, up to 90% of the weekly insurable earnings used to calculate your EI benefit amount.
  • To be eligible for job-protected adoption, maternity or parental leave in  Saskatchewan, you have to work 20 of the 52 previous weeks. Leave eligibility varies between provinces.
  • You must give your employer four weeks written notice prior to returning to work. An employer does not have to allow you to return until this notice is received.
  • You will continue to earn credits toward length of employment, length of service, vacation and seniority during periods of maternity and paternity leave.

When it comes to buying baby furniture, strollers, clothes and toys, take a deep breath and don’t rush. You will get generous unexpected gifts from everyone including the gang at the office. Also, babies outgrow things very quickly and their parents are usually thrilled to pass on gently used items to the next family who needs them.

Before our granddaughter was born, a friend of a friend brought over a huge box of sleepers and adorable outfits that allowed multiple changes a day for the first six months. At one point my daughter lulled the baby to sleep in an old fashioned wind up swing that had been making the rounds from family to family since the 1980s.

The only items you will probably need to buy are car seats of various sizes as the safety rules are constantly evolving. All car seats sold have an expiry or useful date on them and Transport Canada says they must be discarded after that date. Also, a car seat or booster seat made before January 1, 2012 may not meet the current standards set out by Health Canada.

Finally, ask other new parents for a list of things they actually found useful. While every baby is different, my daughter discovered that when all else failed, “baby wearing” was a foolproof way of getting the baby to sleep. She used various wraps and front/back carriers that changed with the age and size of the baby.

She also swears by a white noise machine that drowns out street sounds in their urban Ottawa neighbourhood.

No matter how well you plan, nothing can prepare you for the joy and the sheer terror of becoming a parent. But if you put some thought into how you will manage financially when your family grows, hopefully the only thing that will keep you up at night is the 2 AM feeding.

How did you plan financially for a new addition to your family? Send an email to so*********@sa*********.com and share your ideas with us. If your story is posted, your name will be entered in a quarterly draw for a gift card. And remember to put a dollar in the retirement savings jar every time you use one of our money-saving ideas.

If you would like to send us other money saving ideas, here are the themes for the next three weeks:

13-Jun Father’s Day Frugal gifts your father will love
20-Jun Graduation How to use social media to find a job
27-Jun Summer activities Inexpensive summer activities for kids