§14402 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal money for health care must not be used to provide, pay for, or cover any medical item or service meant to cause a person’s death (for example, assisted suicide or euthanasia). That ban covers paying directly, matching payments, or including such services in health benefit plans. That rule does not change rules about stopping medical treatment or stopping nutrition and hydration, does not affect abortion, and does not stop giving medicine or care to ease pain even if it might raise the risk of death — as long as the care is not meant to cause death. The rule applies to care given by federal health facilities and by federal health workers, and to funds for programs such as Medicare (Title XVIII), Medicaid (Title XIX), Title XX and V, the Public Health Service Act, the Indian Health Care Improvement Act, and certain military and federal health programs.

Title 42, §14402

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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)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,

(d)(1)Subsection (a) applies to funds appropriated under or to carry out the following:

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

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

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

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

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

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

(G)Chapter 89 of title 5.

(H)Chapter 55 of title 10.

(I)Chapter 17 of title 38.

(J)section 2504(e) of title 22.

(K)section 4005(a) of title 18.

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

(A)The Department of Defense operating under chapter 55 of title 10.

(B)The Veterans Health Administration of the Department of Veterans Affairs.

(C)The Public Health Service.

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

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning Pub. L. 105–12, Apr. 30, 1997, 111 Stat. 23, known as the Assisted Suicide Funding Restriction Act of 1997, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 14401 of this title and Tables. The Social Security Act, referred to in subsec. (d)(1)(A)–(D), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles V, XVIII, XIX, and XX of the Act are classified generally to subchapters V (§ 701 et seq.), XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XX (§ 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, which is classified generally to chapter 6A (§ 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, which is classified principally to chapter 18 (§ 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.

§14402 Restriction on Use of Federal Funds Under Health Care Programs

Summary

Title 42, §14402

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Short Title

Citations & Metadata