
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14402]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 138--ASSISTED SUICIDE FUNDING RESTRICTION
 
Sec. 14402. Restriction on use of Federal funds under health 
        care programs
        

(a) Restriction on Federal funding of health care services

    Subject to subsection (b) of this section, 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) of this section, 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) of this section, 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) of this section applies to funds appropriated 
    under or to carry out the following:

        (A) Medicare program

            Title XVIII of the Social Security Act [42 U.S.C. 1395 et 
        seq.].

        (B) Medicaid program

            Title XIX of the Social Security Act [42 U.S.C. 1396 et 
        seq.].

        (C) Title XX social services block grant

            Title XX of the Social Security Act [42 U.S.C. 1397 et 
        seq.].

        (D) Maternal and child health block grant program

            Title V of the Social Security Act [42 U.S.C. 701 et seq.].

        (E) Public Health Service Act

            The Public Health Service Act [42 U.S.C. 201 et seq.].

        (F) Indian Health Care Improvement Act

            The Indian Health Care Improvement Act [25 U.S.C. 1601 et 
        seq.].

        (G) Federal employees health benefits program

            Chapter 89 of title 5.

        (H) Military health care system (including Tricare and CHAMPUS 
                programs)

            Chapter 55 of title 10.

        (I) Veterans medical care

            Chapter 17 of title 38.

        (J) Health services for Peace Corps volunteers

            Section 2504(e) of title 22.

        (K) Medical services for Federal prisoners

            Section 4005(a) of title 18.

                (2) Federal facilities and personnel

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

        (A) Military health care system

            The Department of Defense operating under chapter 55 of 
        title 10.

        (B) Veterans medical care

            The Veterans Health Administration of the Department of 
        Veterans Affairs.

        (C) Public Health Service

            The Public Health Service.

                        (3) Nonexclusive list

        Nothing in this subsection shall be construed as limiting the 
    application of subsection (a) of this section to the programs 
    specified in paragraph (1) or the application of subsection (c) of 
    this section to the facilities and personnel specified in paragraph 
    (2).

(Pub. L. 105-12, Sec. 3, Apr. 30, 1997, 111 Stat. 23.)

                       References in Text

    The Social Security Act, referred to in subsec. (d)(1)(A)-(D), is 
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Titles V, XVIII, 
XIX, and XX of the Act are classified generally to subchapters V 
(Sec. 701 et seq.), XVIII (Sec. 1395 et seq.), XIX (Sec. 1396 et seq.), 
and XX (Sec. 1397 et seq.), respectively, of chapter 7 of this title, 
respectively. For complete classification of this Act to the Code, see 
section 1305 of this title and Tables.
    The Public Health Service Act, referred to in subsec. (d)(1)(E), is 
act July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is classified 
generally to chapter 6A (Sec. 201 et seq.) of this title. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 201 of this title and Tables.
    The Indian Health Care Improvement Act, referred to in subsec. 
(d)(1)(F), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended, 
which is classified principally to chapter 18 (Sec. 1601 et seq.) of 
Title 25, Indians. For complete classification of this Act to the Code, 
see Short Title note set out under section 1601 of Title 25 and Tables.

                  Section Referred to in Other Sections

    This section is referred to in sections 14403, 14404, 14405, 14406 
of this title.
