{"identifier":"/us/usc/t42/s14402","title":42,"num":"\u00a7\u202f14402.","heading":"Restriction on use of Federal funds under health care programs","text":"\u00a7\u202f14402.\nRestriction on use of Federal funds under health care programs\n(a)\nRestriction on Federal funding of health care services\nSubject 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\u2014\n(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;\n(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\n(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.\n(b)\nConstruction and treatment of certain services\nNothing 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\u2014\n(1) the withholding or withdrawing of medical treatment or medical care;\n(2) the withholding or withdrawing of nutrition or hydration;\n(3) abortion; or\n(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.\n(c)\nLimitation on Federal facilities and employees\nSubject to subsection (b), with respect to health care items and services furnished\u2014\n(1) by or in a health care facility owned or operated by the Federal government, or\n(2) by any physician or other individual employed by the Federal government to provide health care services within the scope of the physician\u2019s or individual\u2019s employment,\nno 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.\n(d)\nList of programs to which restrictions apply\n(1)\nFederal health care funding programs\nSubsection (a) applies to funds appropriated under or to carry out the following:\n(A)\nMedicare program\nTitle XVIII of the Social Security Act [\n42 U.S.C. 1395\n(B)\nMedicaid program\nTitle XIX of the Social Security Act [\n42 U.S.C. 1396\n(C)\nTitle XX social services block grant\nTitle XX of the Social Security Act [\n42 U.S.C. 1397\n(D)\nMaternal and child health block grant program\nTitle V of the Social Security Act [\n42 U.S.C. 701\n(E)\nPublic Health Service Act\nThe Public Health Service Act [\n42 U.S.C. 201\n(F)\nIndian Health Care Improvement Act\nThe Indian Health Care Improvement Act [\n25 U.S.C. 1601\n(G)\nFederal employees health benefits program\nChapter 89 of title 5.\n(H)\nMilitary health care system (including Tricare and CHAMPUS programs)\nChapter 55 of title 10.\n(I)\nVeterans medical care\nChapter 17 of title 38.\n(J)\nHealth services for Peace Corps volunteers\nSection 2504(e) of title 22\n(K)\nMedical services for Federal prisoners\nSection 4005(a) of title 18\n(2)\nFederal facilities and personnel\nThe provisions of subsection (c) apply to facilities and personnel of the following:\n(A)\nMilitary health care system\nThe Department of Defense operating under chapter 55 of title 10.\n(B)\nVeterans medical care\nThe Veterans Health Administration of the Department of Veterans Affairs.\n(C)\nPublic Health Service\nThe Public Health Service.\n(3)\nNonexclusive list\nNothing 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).","url":"https://projectusc.org/usc/t42/s14402.html","content":[{"t":"sec","id":"/us/usc/t42/s14402","children":[{"t":"num","text":"\u00a7\u202f14402."},{"t":"heading","text":"Restriction on use of Federal funds under health care programs"},{"t":"subsec","id":"/us/usc/t42/s14402/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Restriction on Federal funding of health care services"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t42/s14402/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s14402/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s14402/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s14402/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Construction and treatment of certain services"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t42/s14402/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the withholding or withdrawing of medical treatment or medical care;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s14402/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the withholding or withdrawing of nutrition or hydration;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s14402/b/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" abortion; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s14402/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s14402/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Limitation on Federal facilities and employees"},{"t":"chapeau","text":"Subject to subsection (b), with respect to health care items and services furnished\u2014"},{"t":"para","id":"/us/usc/t42/s14402/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" by or in a health care facility owned or operated by the Federal government, or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s14402/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" by any physician or other individual employed by the Federal government to provide health care services within the scope of the physician\u2019s or individual\u2019s employment,","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s14402/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"List of programs to which restrictions apply"},{"t":"para","id":"/us/usc/t42/s14402/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Federal health care funding programs"},{"t":"chapeau","text":"Subsection (a) applies to funds appropriated under or to carry out the following:"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Medicare program"},{"t":"content","children":[{"t":"p","text":"Title XVIII of the Social Security Act [","children":[{"t":"ref","text":"42 U.S.C. 1395","href":"/us/usc/t42/s1395","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Medicaid program"},{"t":"content","children":[{"t":"p","text":"Title XIX of the Social Security Act [","children":[{"t":"ref","text":"42 U.S.C. 1396","href":"/us/usc/t42/s1396","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Title XX social services block grant"},{"t":"content","children":[{"t":"p","text":"Title XX of the Social Security Act [","children":[{"t":"ref","text":"42 U.S.C. 1397","href":"/us/usc/t42/s1397","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Maternal and child health block grant program"},{"t":"content","children":[{"t":"p","text":"Title V of the Social Security Act [","children":[{"t":"ref","text":"42 U.S.C. 701","href":"/us/usc/t42/s701","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Public Health Service Act"},{"t":"content","children":[{"t":"p","text":"The Public Health Service Act [","children":[{"t":"ref","text":"42 U.S.C. 201","href":"/us/usc/t42/s201","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/F","children":[{"t":"num","text":"(F)"},{"t":"heading","text":"Indian Health Care Improvement Act"},{"t":"content","children":[{"t":"p","text":"The Indian Health Care Improvement Act [","children":[{"t":"ref","text":"25 U.S.C. 1601","href":"/us/usc/t25/s1601","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/G","children":[{"t":"num","text":"(G)"},{"t":"heading","text":"Federal employees health benefits program"},{"t":"content","children":[{"t":"p","text":"Chapter 89 of title 5.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/H","children":[{"t":"num","text":"(H)"},{"t":"heading","text":"Military health care system (including Tricare and CHAMPUS programs)"},{"t":"content","children":[{"t":"p","text":"Chapter 55 of title 10.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/I","children":[{"t":"num","text":"(I)"},{"t":"heading","text":"Veterans medical care"},{"t":"content","children":[{"t":"p","text":"Chapter 17 of title 38.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/J","children":[{"t":"num","text":"(J)"},{"t":"heading","text":"Health services for Peace Corps volunteers"},{"t":"content","children":[{"t":"p","children":[{"t":"ref","text":"Section 2504(e) of title 22","href":"/us/usc/t22/s2504/e","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/1/K","children":[{"t":"num","text":"(K)"},{"t":"heading","text":"Medical services for Federal prisoners"},{"t":"content","children":[{"t":"p","children":[{"t":"ref","text":"Section 4005(a) of title 18","href":"/us/usc/t18/s4005/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s14402/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Federal facilities and personnel"},{"t":"chapeau","text":"The provisions of subsection (c) apply to facilities and personnel of the following:"},{"t":"subpara","id":"/us/usc/t42/s14402/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Military health care system"},{"t":"content","children":[{"t":"p","text":"The Department of Defense operating under chapter 55 of title 10.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Veterans medical care"},{"t":"content","children":[{"t":"p","text":"The Veterans Health Administration of the Department of Veterans Affairs.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s14402/d/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Public Health Service"},{"t":"content","children":[{"t":"p","text":"The Public Health Service.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s14402/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Nonexclusive list"},{"t":"content","children":[{"t":"p","text":"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).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}