Viagra for Sex Offenders in Healthcare Law

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  • 03/02/2023

A Congressional Research Service analysis says that the new healthcare law would allow for sex offenders to receive taxpayer-funded erectile-dysfunction drugs like Viagra.

The report from the non-partisan agency vindicated Sen. Tom Coburn (R-Okla.) who had been a leader in the fight against passage of the government takeover of healthcare. During the amendment process in the Senate, Coburn pointed out some of the myriad consequences of the reckless broad wording of the legislation, only to have his amendments ridiculed by Democrats as “not serious.”

One of Coburn’s amendments that was defeated by the Democratic-controlled Senate would have prevented sex offenders from receiving taxpayer funded drugs like Viagra.

Sen. Coburn issued the following release concerning the CRS analysis:

“As you may recall, the Senate recently rejected an amendment Dr. Coburn offered to the reconciliation bill that would have prevented sex offenders, child molesters and rapists from obtaining taxpayer-funded erectile dysfunction drugs through the new health care law. Opponents argued Dr. Coburn’s amendment was ‘not serious’ even though there have been hundreds of cases of sex offenders receiving these drugs through Medicaid as this piece on MSNBC demonstrated.

“In a new study, the nonpartisan Congressional Research Service has shown Dr. Coburn’s concern to be well-founded. CRS has completed an analysis regarding the probability that convicted sex offenders could receive coverage of Viagra under the Patient Protection and Affordable Care Act (PPACA). CRS concluded: “There are no provisions in the PPACA which would require qualified health plans to limit the type of benefits that can be offered based on the plan beneficiary’s prior criminal convictions.  Additionally, there do not appear to be any provisions that would specifically restrict qualified health plans’ coverage of drugs prescribed to treat ED.”

“Therefore, a convicted rapist, child molester, or other sex offender who is not incarcerated would not appear to be excluded from enrolling in a qualified health plan offered through an American Health Benefit Exchange in their state solely because of that conviction.”

“Click here to view CRS analysis of coverage under a qualified health plan for ED drugs prescribed to convicted rapists, child molesters, and other sex offenders. 

“Click here to view CRS release of news articles on federal coverage of ED drugs for sex offenders.

“Dr. Coburn will continue to conduct oversight in this area. He hopes his colleagues will reconsider their opposition to taking responsible steps to prevent child molesters, rapists and sex offenders from obtaining taxpayer-funded Viagra and other ED drugs through the new health care law.”

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