[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2626 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2626

 To amend titles XVIII and XIX of the Social Security Act to prohibit 
  coverage under the Medicare and Medicaid Programs of sex-enhancing 
           drugs for individuals convicted of a sex offense.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2005

  Mr. Edwards (for himself and Mr. Bonilla) introduced the following 
 bill; which was referred to the Committee on Energy and Commerce, and 
  in addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend titles XVIII and XIX of the Social Security Act to prohibit 
  coverage under the Medicare and Medicaid Programs of sex-enhancing 
           drugs for individuals convicted of a sex offense.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION OF COVERAGE UNDER THE MEDICARE AND MEDICAID 
              PROGRAMS OF SEX-ENHANCING DRUGS FOR INDIVIDUALS CONVICTED 
              OF A SEX OFFENSE.

    (a) Medicare Program.--Section 1860D-2(e)(2)(A) of the Social 
Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended by adding at the 
end the following: ``Such term also does not include prescription 
drugs, such as Viagra, used for sex enhancement for any individual who 
has been convicted of a sex offense, as defined by the Secretary and 
including rape, sexual assault, and child molestation.''.
    (b) Medicaid Program.--The first sentence of section 1905(a) of 
such Act (42 U.S.C. 1396d(a)) is amended, in the matter following 
paragraph (28)--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
            ``(C) any such payments with respect to prescribed drugs, 
        such as Viagra, used for sex enhancement for any individual who 
        has been convicted of a sex offense, as defined by the 
        Secretary under section 1860D-1(e)(2)(A).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
drugs dispensed after such date.
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