KAISER CAN DENY VIAGRA TO MEMBERS, JUDGE RULES.

Byline: Brent Hopkins Staff Writer

A judge's ruling that Kaiser Permanente cannot be compelled to provide Viagra to its members is a move that might cost users more if they cannot prove a medical condition.

The order was made Friday by a Sacramento judge after a three-year legal battle between Kaiser and the state Department of Managed Health Care.

``We're very pleased. It vindicates our basic position on California law,'' said Jim Anderson, a local spokesman for the health maintenance organization. ``We'll use this flexibility, combined with social responsibility, to provide the best care to our members.''

The flexibility he referred to allows Kaiser to re-evaluate its current plan, which offers eight pills per month, with a 50 percent co-pay that costs patients $4 per pill. The policy remains in effect while the HMO figures out the true impact of the judge's order, Anderson said. Additionally, patients with medical necessity can be prescribed the erectile dysfunction drug and be fully covered, though Anderson said such cases are ``exceptional.''

Other health care providers took much the same stance, saying that the ruling would prompt a review of their current policies. Woodland Hills- based HealthNet, which currently offers the same coverage plan as Kaiser, had not yet received full details of the judge's ruling, according to spokesman Brad Kieffer, but is looking into it.

Thousand Oaks-based WellPoint, which operates both Blue Cross and Blue Shield, also plans a review, saying that drugs such as Viagra are often not medical necessities, but rather employed to enhance lifestyle enjoyment. It currently covers the medically required uses, to fight prostatitis, injury or diabetes-related impotence.

``This is the future,'' said vice president Ken Ferber. ``Pharmaceutical companies are finding a rich market in lifestyle drugs, and people will pay for them regardless of whether it's covered by their insurance.''