CAN HEALTH INSURANCE PROVIDERS BE REQUIRED TO PROVIDE MARIJUANA FOR THE TREATMENT OF AUTISTIC CHILDREN?

THE RESPONSES OF THE SÃO PAULO JUDICIARY IN 2023

Abstract

There is a growing awareness about Autism Spectrum Disorder (ASD) and the rights of autistic individuals. Similarly, in recent years, there has been an increased acceptance of the medicinal use of marijuana in the treatment of certain clinical conditions. In this way, faced with medical findings indicating the benefits of cannabis use in the social interaction process of autistic children on one hand, but the absence of coverage of the drug in the mandatory list of the National Supplementary Health Agency (ANS) on the other, multiple disputes have begun between beneficiaries and private health insurance providers, brought to the attention and decision of the Judiciary. In this scenario, this paper aims to investigate the responses given by the Justice of the State of São Paulo in cases involving whether health insurance providers are obligated to provide cannabidiol for the treatment of children with autism. To do so, an empirical, qualitative, and exploratory investigation was conducted using the method of data collection with the jurisprudential research technique, by consulting the judgments of the São Paulo Court of Justice on the topic within the time frame of the year 2023. In conclusion, it was concluded that the Justice of São Paulo has repeatedly consolidated its understanding that, in accordance with the constitutional duty to ensure the fundamental right to health, private health plans can be obligated to provide cannabis for the medical treatment of children and adolescents with ASD.