Our indigent health program has an applicant who qualifies for services (residency, income, etc.). His service needed is for the County to pay for some prescriptions that are in the nature of elective treatments rather than treatment needed to prevent death or serious illness. Our indigent health coordinator would rather devote her budget to services and prescriptions that are of a "life and death" nature, rather than elective.

It appears to me that the statute and regulation governing mandated health services places no restriction on the types of prescriptions for which the County must pay, as opposed to other categories of services, many of which must be "medically necessary." I haven't located any caselaw or AG opinions on the subject. Does anyone else have any insights into this question?

Off the top of my head, late on Monday afternoon, I would be afraid of being accused of practicing medicine without a license if someone other than a doctor starts deciding what is necessary, elective, or "life and death".

Good point.