I 

109TH CONGRESS 

1ST SESSION H. R. 286 

To amend title XIX of the Social Security Act to require States that provide 

Medicaid prescription drug coverage to cover drugs medically necessary 

to treat obesity. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2005 

Mr. TOWNS introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to require 

States that provide Medicaid prescription drug coverage 

to cover drugs medically necessary to treat obesity. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Medicaid Obesity 

5 Treatment Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 
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1 (1) The National Center for Health Statistics 

2 reports that 60 percent of Americans more than 20 

3 years of age are overweight or clinically obese. 

4 (2) Weight-related conditions are the second 

5 leading cause of death in the United States, result6 ing in about 300,000 preventable deaths each year. 

7 (3) According to the Surgeon General, the prev8 alence of overweight and obesity has almost doubled 

9 among America’s children and adolescents since 

10 1980, and it is estimated that one out of five chil11 dren is obese. 

12 (4) The epidemic growth in obesity acquired 

13 during childhood or adolescence is particularly 

14 threatening to the national health because it often 

15 persists into adulthood and increases the risk for 

16 some chronic diseases later in life. 

17 (5) The prevalence of obesity in America is at 

18 an all time high, affecting every State, both men and 

19 women, all ages, races, and education levels. 

20 (6) Disparities in health status indicators and 

21 risk factors for diet-related disease are evident in 

22 many segments of the population based on gender, 

23 age, race and ethnicity, and income. 

24 (7) Overweight and obesity are observed in all 

25 population groups, but obesity is particularly com-
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1 mon among Hispanic, African American, Native 

2 American, and Pacific Islander women. 

3 (8) Overweight and obesity are public health 

4 problems because they substantially increase the risk 

5 of illnesses, including breast cancer, colon cancer, 

6 ovarian cancer, prostate cancer, cardiovascular dis7 ease, high blood pressure, high cholesterol, type 2 di8 abetes, heart disease, stroke, gallbladder disease, ar9 thritis, sleep disturbances, and respiratory problems. 

10 (9) Overweight and obesity are associated with 

11 higher mortality rates. 

12 (10) The total cost, both in terms of health care 

13 and lost productivity, of obesity alone was estimated 

14 as $99 billion in 1995. 

15 (11) Individuals who are overweight commonly 

16 experience psychological stress, reduced income, and 

17 discrimination. 

18 (12) Requiring States to cover proven obesity 

19 medication may actually reduce Medicaid expendi20 tures as a result of decreases in the costs associated 

21 with treating obesity-related comorbidities. 
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1 SEC. 3. REQUIRING MEDICAID DRUG COVERAGE TO IN2 CLUDE COVERAGE OF MEDICALLY NEC3 ESSARY OBESITY DRUGS. 

4 (a) IN GENERAL.—Section 1927(d)(2)(A) of the So5 cial Security Act (42 U.S.C. 1396r–8(d)(2)(A)) is amend6 ed by inserting after ‘‘weight loss’’ the following: ‘‘unless 

7 prescribed for treatment of obesity as indicated in a com8 pendium of drug use data described in subsection 

9 (g)(1)(B)(i)’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) applies to drugs dispensed on or after the 

12 first date of the second calendar quarter that begins after 

13 the date of the enactment of this Act. 

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