[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 286 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 286

 To amend title XIX of the Social Security Act to require States that 
 provide Medicaid prescription drug coverage to cover drugs medically 
                      necessary to treat obesity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2005

  Mr. Towns introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend title XIX of the Social Security Act to require States that 
 provide Medicaid prescription drug coverage to cover drugs medically 
                      necessary to treat obesity.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicaid Obesity Treatment Act of 
2005''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The National Center for Health Statistics reports that 
        60 percent of Americans more than 20 years of age are 
        overweight or clinically obese.
            (2) Weight-related conditions are the second leading cause 
        of death in the United States, resulting in about 300,000 
        preventable deaths each year.
            (3) According to the Surgeon General, the prevalence of 
        overweight and obesity has almost doubled among America's 
        children and adolescents since 1980, and it is estimated that 
        one out of five children is obese.
            (4) The epidemic growth in obesity acquired during 
        childhood or adolescence is particularly threatening to the 
        national health because it often persists into adulthood and 
        increases the risk for some chronic diseases later in life.
            (5) The prevalence of obesity in America is at an all time 
        high, affecting every State, both men and women, all ages, 
        races, and education levels.
            (6) Disparities in health status indicators and risk 
        factors for diet-related disease are evident in many segments 
        of the population based on gender, age, race and ethnicity, and 
        income.
            (7) Overweight and obesity are observed in all population 
        groups, but obesity is particularly common among Hispanic, 
        African American, Native American, and Pacific Islander women.
            (8) Overweight and obesity are public health problems 
        because they substantially increase the risk of illnesses, 
        including breast cancer, colon cancer, ovarian cancer, prostate 
        cancer, cardiovascular disease, high blood pressure, high 
        cholesterol, type 2 diabetes, heart disease, stroke, 
        gallbladder disease, arthritis, sleep disturbances, and 
        respiratory problems.
            (9) Overweight and obesity are associated with higher 
        mortality rates.
            (10) The total cost, both in terms of health care and lost 
        productivity, of obesity alone was estimated as $99 billion in 
        1995.
            (11) Individuals who are overweight commonly experience 
        psychological stress, reduced income, and discrimination.
            (12) Requiring States to cover proven obesity medication 
        may actually reduce Medicaid expenditures as a result of 
        decreases in the costs associated with treating obesity-related 
        comorbidities.

SEC. 3. REQUIRING MEDICAID DRUG COVERAGE TO INCLUDE COVERAGE OF 
              MEDICALLY NECESSARY OBESITY DRUGS.

    (a) In General.--Section 1927(d)(2)(A) of the Social Security Act 
(42 U.S.C. 1396r-8(d)(2)(A)) is amended by inserting after ``weight 
loss'' the following: ``unless prescribed for treatment of obesity as 
indicated in a compendium of drug use data described in subsection 
(g)(1)(B)(i)''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to drugs dispensed on or after the first date of the second calendar 
quarter that begins after the date of the enactment of this Act.
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