42 USC 14402 - Restriction on use of Federal funds under health care programs

U.S Code last checked for updates: Apr 27, 2024

§ 14402.

Restriction on use of Federal funds under health care programs

(a)

Restriction on Federal funding of health care services

Subject to subsection (b), no funds appropriated by Congress for the purpose of paying (directly or indirectly) for the provision of health care services may be used—

(1)

to provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing;

(2)

to pay (directly, through payment of Federal financial participation or other matching payment, or otherwise) for such an item or service, including payment of expenses relating to such an item or service; or

(3)

to pay (in whole or in part) for health benefit coverage that includes any coverage of such an item or service or of any expenses relating to such an item or service.

(b)

Construction and treatment of certain services

Nothing in subsection (a), or in any other provision of this chapter (or in any amendment made by this chapter), shall be construed to apply to or to affect any limitation relating to—

(1)

the withholding or withdrawing of medical treatment or medical care;

(2)

the withholding or withdrawing of nutrition or hydration;

(3)

abortion; or

(4)

the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason.

(c)

Limitation on Federal facilities and employees

Subject to subsection (b), with respect to health care items and services furnished—

(1)

by or in a health care facility owned or operated by the Federal government, or

(2)

by any physician or other individual employed by the Federal government to provide health care services within the scope of the physician’s or individual’s employment,

no such item or service may be furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.

(d)

List of programs to which restrictions apply

(1)

Federal health care funding programs

Subsection (a) applies to funds appropriated under or to carry out the following:

(A)

Medicare program

(B)

Medicaid program

(C)

Title XX social services block grant

(D)

Maternal and child health block grant program

(E)

Public Health Service Act

(F)

Indian Health Care Improvement Act

(G)

Federal employees health benefits program

(H)

Military health care system (including Tricare and CHAMPUS programs)

(I)

Veterans medical care

(J)

Health services for Peace Corps volunteers

(K)

Medical services for Federal prisoners

(2)

Federal facilities and personnel

The provisions of subsection (c) apply to facilities and personnel of the following:

(A)

Military health care system

(B)

Veterans medical care

(C)

Public Health Service

(3)

Nonexclusive list

(Pub. L. 105–12, § 3, Apr. 30, 1997, 111 Stat. 23.)

cite as: 42 USC 14402