Medical Cannabis: Regulatory Compliance, FSMB Guidelines, Standard of Care, Liability

Medical marijuana use in patient care continues to grow. Thirty-three states and the District of Columbia have laws authorizing the use of marijuana in some form, while others have legislation pending that would permit the use of medical marijuana. Hospitals, skilled nursing facilities (SNF) and other healthcare providers must balance patient rights and interests, therapeutic benefit, compliance with divergent state and federal law, and the risk of loss of Medicare/Medicaid reimbursement when considering the use of medical marijuana in patient care.

After an in-depth review of the current laws, regulations and policies, the Federation of State Medical Boards (FSMB) created guidelines to help physicians wanting to incorporate medical marijuana into their practices. Physicians should turn to state law for guidance on proper practice, but the FSMB guidance is also helpful.

Hospitals must consider what federal requirements exist when involved in state medical marijuana programs. From DEA registration to the implications for participation in federal healthcare programs, hospitals, SNFs and healthcare providers must carefully draft and implement medical cannabis policies and procedures.

Listen as our authoritative panel examines medical cannabis related issues pertinent to hospitals, long-term care facilities and other healthcare providers. The panel will discuss the current status of legalization, standard of care issues, FSMB guidelines, state regulations and federal guidance, certification, and monitoring of use. The panel will also address potential liability issues.

1. Current status of legalization
   1. State laws
   2. Federal laws, rules and guidance
2. Use of medical marijuana in clinical care
   1. Hospitals
   2. SNFs
   3. Liability issues
   4. CMS guidance
   5. FSMB guidelines
3. Standard of care issues
4. Patient possession and use of medical marijuana
5. Medical cannabis policies and procedures
   1. Hospitals
   2. SNFs
   3. Other healthcare providers
6. Best practices

The panel will review these and other key issues:

• What is the current status of cannabis for medical use under federal and state laws?
• What guidance has the CMS provided on the Medicare conditions of participation for hospitals?
• What restrictions are there on physician relationships with the cannabis industry? What potential liability do physicians face under state law?