I 
108TH CONGRESS 
1ST SESSION H. R. 2024
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 
MAY 7, 2003
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Medicaid Obesity 
Treatment Act of 2003’’. 
SEC. 2. FINDINGS. 
Congress finds the following:
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(1) The National Center for Health Statistics 
reports that 60 percent of Americans more than 20 
years of age are overweight or clinically obese. 
(2) Weight-related conditions are the second 
leading cause of death in the United States, result-
ing in about 300,000 preventable deaths each year. 
(3) According to the Surgeon General, the prev-
alence of overweight and obesity has almost doubled 
among America’s children and adolescents since 
1980, and it is estimated that one out of five chil-
dren is obese. 
(4) The epidemic growth in obesity acquired 
during childhood or adolescence is particularly 
threatening to the national health because it often 
persists into adulthood and increases the risk for 
some chronic diseases later in life. 
(5) The prevalence of obesity in America is at 
an all time high, affecting every State, both men and 
women, all ages, races, and education levels. 
(6) Disparities in health status indicators and 
risk factors for diet-related disease are evident in 
many segments of the population based on gender, 
age, race and ethnicity, and income. 
(7) Overweight and obesity are observed in all 
population groups, but obesity is particularly com-
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mon among Hispanic, African American, Native 
American, and Pacific Islander women. 
(8) Overweight and obesity are public health 
problems because they substantially increase the risk 
of illnesses, including breast cancer, colon cancer, 
ovarian cancer, prostate cancer, cardiovascular dis-
ease, high blood pressure, high cholesterol, type 2 di-
abetes, heart disease, stoke, gallbladder disease, ar-
thritis, sleep disturbances, and respiratory problems. 
(9) Overweight and obesity are associated with 
higher mortality rates. 
(10) The total cost, both in terms of health care 
and lost productivity, of obesity alone was estimated 
as $99 billion in 1995. 
(11) Individuals who are overweight commonly 
experience psychological stress, reduced income, and 
discrimination. 
(12) Requiring States to cover proven obesity 
medication may actually reduce Medicaid expendi-
tures as a result of decreases in the costs associated 
with treating obesity-related comorbidities.
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SEC. 3. REQUIRING MEDICAID DRUG COVERAGE TO IN-
CLUDE 
COVERAGE 
OF 
MEDICALLY 
NEC-
ESSARY OBESITY DRUGS. 
(a) IN GENERAL.—Section 1927(d)(2)(A) of the So-
cial Security Act (42 U.S.C. 1396r–8(d)(2)(A)) is amend-
ed by inserting after ‘‘weight loss’’ the following: ‘‘unless 
prescribed for treatment of obesity as indicated in a com-
pendium of drug use data described in subsection 
(g)(1)(B)(i)’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) applies to drugs dispensed on or after the 
first date of the second calendar quarter that begins after 
the date of the enactment of this Act.
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