Centers for Medicare and Medicaid Services Administrator Dr. Mehmet Oz is urging members of the U.S. Senate to reject an amendment that would keep a looming federal ban on most hemp-derived products on track to take effect in November.
In a letter sent to senators, Oz said he has “grave concerns” about Senate Amendment 6733 to H.R. 6500, filed by U.S. Senator Ted Budd (R-NC). The amendment would remove language from the Senate spending package that delays implementation of most of the new federal hemp restrictions from November 12 until December 11.
“Passage of this amendment would undo significant gains that have been made to make clinically-appropriate full-spectrum hemp-derived CBD accessible to the senior citizens and individuals with disabilities that rely on the Medicare program for their healthcare,” Oz wrote.
Oz pointed to actions taken by CMS this year allowing certain healthcare organizations to provide qualifying hemp products to eligible patients through three federal healthcare models.
Under the Substance Access Beneficiary Engagement Incentive, participants in the ACO REACH Model, Enhancing Oncology Model and Long-term Enhance ACO Design Model may provide eligible beneficiaries with up to $500 worth of hemp products annually. Medicare itself does not reimburse providers for the products, with participating organizations responsible for the cost.
Eligible products must currently comply with the federal definition of hemp and cannot contain more than 3 milligrams of THC per serving. CMS has said it will adjust those requirements if federal hemp law changes.
Oz said the agency has also expanded the ability of Medicare Advantage plans to provide hemp-derived CBD products through supplemental benefits for chronically ill patients.
“As I have previously stated, CMS is committed to innovation that meets patients where they are while maintaining strong safeguards and clinical oversight,” Oz wrote. “It is for this reason that I am asking you to oppose S. Amendment 6733.”
He said passage of the amendment would “rip away from millions of seniors and disabled Americans the opportunity to benefit from these new programs.”
The broader spending legislation would postpone most of the hemp restrictions enacted last year until December 11, although cannabinoids that cannot naturally be produced by the cannabis plant would still lose their federal hemp status on November 12. Budd’s amendment would remove that delay and allow the broader restrictions to take effect as originally scheduled.
Oz said CMS remains focused on preventing dangerous products from reaching consumers while maintaining patient access to products used for medical purposes.
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