DillGaff
Well-Known Member
Federal and state law conflicts over cannabis have created an ongoing dilemma for the senior housing and long term care (collectively, SH/LTC) industry. In return for providing services to facility residents, many long term care providers are paid by the Medicare federal health insurance program and the joint federal and state Medicaid program. Likewise, some senior housing providers receive Medicaid payments. SH/LTC providers that permit residents to possess or use marijuana at facilities where Medicare or Medicaid is a payment source risk potential federal sanctions, such as disqualification from participation in Medicare or Medicaid programs. In fact, the Social Security Act requires that any individual or entity convicted of a felony offense related to the unlawful manufacture, distribution, prescription or dispensing of a “controlled substance” (which includes marijuana) be excluded from participation in any federal health care programs, including Medicare and Medicaid.