[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3566 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3566

  To provide that no Federal funds may be expended for the payment or 
reimbursement of drugs when prescribed for the treatment of erectile or 
                          sexual dysfunction.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

 Mr. King of Iowa introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Committees 
    on Ways and Means, Government Reform, Armed Services, Veterans' 
   Affairs, Resources, International Relations, and Judiciary, 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 provide that no Federal funds may be expended for the payment or 
reimbursement of drugs when prescribed for the treatment of erectile or 
                          sexual dysfunction.

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

SECTION 1. NO FEDERAL FUNDS FOR DRUGS WHEN PRESCRIBED FOR THE TREATMENT 
              OF ERECTILE OR SEXUAL DYSFUNCTION.

    (a) Restriction.--
            (1) In general.--Notwithstanding any other provision of 
        law, no Federal funds may be expended for the payment or 
        reimbursement, including payment or reimbursement under any 
        Federal health care program, including the programs described 
        in paragraph (2), of a drug when prescribed for the treatment 
        of erectile or sexual dysfunction.
            (2) Programs described.--
                    (A) In general.--The programs described in this 
                paragraph are the following:
                            (i) The Medicare program under title XVIII 
                        of the Social Security Act.
                            (ii) The Medicaid program under title XIX 
                        of the Social Security Act.
                            (iii) The social services block grant 
                        program under title XX of the Social Security 
                        Act.
                            (iv) The maternal and child health block 
                        grant program under title V of the Social 
                        Security Act.
                            (v) The Public Health Service Act.
                            (vi) Health related programs administered 
                        by the Indian Health Service and programs under 
                        the Indian Health care Improvement Act.
                            (vii) The Federal employees health benefits 
                        program (FEHBP) under chapter 89 of title 5, 
                        United States Code.
                            (viii) The military health programs under 
                        chapter 55 of title 10, United States Code.
                            (ix) Medical care furnished by the 
                        Secretary of Veterans Affairs under chapter 17 
                        of title 38, United States Code.
                            (x) Health services for Peace Corps 
                        volunteers under section 5(e) of the Peace 
                        Corps Act (22 U.S.C. 2504(e)).
                            (xi) Medical services for Federal prisoners 
                        under section 4005(a) of title 18, United 
                        States Code.
                    (B) Federal health care program defined.--For 
                purposes of this section, the term ``Federal health 
                care program'' has the meaning given such term in 
                section 1128B(f)(1) of the Social Security Act, 42 
                U.S.C. 1320a-7b(f)(1), disregarding the reference in 
                such section to chapter 89 of title 5, United States 
                Code.
                    (C) Nonexclusive list.--Nothing in this paragraph 
                shall be construed as limiting the application of 
                paragraph (1) to the programs described in subparagraph 
                (A).
    (b) Conforming Amendments for Specific Programs.--
            (1) Medicare and medicaid programs.--(A) Section 1927(d)(2) 
        of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended 
        by adding at the end the following new subparagraph:
                    ``(K) Agents when prescribed for the treatment of 
                erectile or sexual dysfunction.''.
            (B) Excluding federal funding for medicaid coverage for 
        drugs when prescribed for the treatment of erectile or sexual 
        dysfunction.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)) 
        is amended by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) with respect to covered outpatient drugs when 
        prescribed for the treatment of erectile or sexual dysfunction; 
        or''.
            (2) FEHBP.--Section 8904 of title 5, United States Code, is 
        amended by adding at the end the following new subsection:
    ``(c) A plan may not provide benefits for drugs when prescribed for 
the treatment of erectile or sexual dysfunction.''.
            (3) Military health program.--Section 1074g of title 10, 
        United States Code, is amended--
                    (A) by redesignating subsection (g) as subsection 
                (h); and
                    (B) by inserting after subsection (f) the following 
                new subsection:
    ``(g) Notwithstanding any other provision of this section, the 
pharmacy benefit program shall not include any benefits for drugs when 
prescribed for the treatment of erectile or sexual dysfunction.''.
            (4) Veterans' health.--Section 1707 of title 38, United 
        States Code, is amended by adding at the end the following new 
        subsection:
    ``(c) Funds appropriated to carry out this chapter may not be used 
for the provision of drugs when prescribed for the treatment of 
erectile or sexual dysfunction.''.
            (5) IHS programs.--Section 225 of the Indian Health Care 
        Improvement Act (25 U.S.C. 1621x) is amended--
                    (A) by inserting ``(a)'' before ``Amounts 
                appropriated''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Funds appropriated to carry out this title may not be used 
for the provision of drugs when prescribed for the treatment of 
erectile or sexual dysfunction.''.
    (c) Effective Date.--This section shall apply to drugs dispensed 
after the date of enactment of this Act.
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