I
105TH CONGRESS
1ST SESSION
H. R. 868
To amend title XVIII and title XIX of the Social Security Act to prohibit
expenditures under the Medicare program and Federal financial partici-
pation under the Medicaid program for assisted suicide, euthanasia,
or mercy killing, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 27, 1997
Mr. CAMP introduced the following bill; which was referred to the Committee
on Commerce, and in addition to the Committees on Ways and Means,
and the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend title XVIII and title XIX of the Social Security
Act to prohibit expenditures under the Medicare program
and Federal financial participation under the Medicaid
program for assisted suicide, euthanasia, or mercy kill-
ing, and for other purposes.
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 ‘‘Integrity in Medical
Funding Act of 1997’’.
SEC. 2. RESTRICTING TREATMENT OF ASSISTED SUICIDE
OR RELATED EXPENDITURES UNDER MEDI-
CARE.
(a) 
PROHIBITION
OF
EXPENDITURES.—Section
1862(a) of the Social Security Act (42 U.S.C. 1395y(a))
is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(14);
(2) by striking the period at the end of para-
graph (15) and inserting ‘‘; or’’; and
(3) by inserting after paragraph (15) the fol-
lowing new paragraph:
‘‘(16) where such expenses are for items or
services, or to assist in the purchase, in whole or in
part, of health benefit coverage that includes items
or services, for the purpose of causing, or assisting
in causing, the death, suicide, euthanasia, or mercy
killing of a person.’’.
(b) TREATMENT OF ADVANCE DIRECTIVES.—Section
1866(f) of such Act (42 U.S.C. 1395cc(f)) is amended by
adding at the end the following new paragraph:
‘‘(4) Nothing in this subsection shall be construed to
require any provider of services or prepaid or eligible orga-
nization, or any employee of such a provider or organiza-
tion, to inform or counsel any individual regarding any
service which intentionally causes the death of any individ-
ual, such as assisted suicide, euthanasia, or mercy kill-
ing.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to items and services furnished on
or after the date of the enactment of this Act.
SEC. 3. PROHIBITION OF FEDERAL FINANCIAL PARTICIPA-
TION UNDER MEDICAID FOR ASSISTED SUI-
CIDE OR RELATED EXPENDITURES.
(a) IN GENERAL.—Section 1903(i) of the Social Se-
curity Act (42 U.S.C. 1396b(i)) is amended—
(1) by striking ‘‘or’’ at the end of paragraph
(14);
(2) by striking the period at the end of para-
graph (15) and inserting ‘‘; or’’; and
(3) by inserting after paragraph (15) the fol-
lowing new paragraph:
‘‘(16) with respect to any amount expended for
items or services, or to assist in the purchase, in
whole or in part, of health benefit coverage that in-
cludes items or services, for the purpose of causing,
or assisting in causing, the death, suicide, eutha-
nasia, or mercy killing of a person.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to medical assistance
furnished during quarters beginning on or after the date
of the enactment of this Act.
SEC. 4. PREEMPTION OF LIMITS ON MALPRACTICE AWARDS
ARISING 
FROM 
INTENTIONALLY 
CAUSING
THE DEATH OF ANY INDIVIDUAL.
(a) IN GENERAL.—No provision of State or Federal
law shall apply that limits the amount of damages which
may be awarded under a health care liability action if the
injury which is the subject of the action arises from the
provision of any medical item or service for the purpose
of causing the death of any individual, or from the failure
to provide any medical item or service to an individual
against the direction of the individual or the individual’s
agent or surrogate for the purpose of causing the death
of the individual.
(b) HEALTH CARE LIABILITY ACTION DEFINED.—
The term ‘‘health care liability action’’ means a civil action
brought in a State or Federal court against a health care
provider, an entity which is obligated to provide or pay
for health benefits under any health benefit plan (includ-
ing any person or entity acting under a contract or ar-
rangement to provide or administer any health benefit),
or the manufacturer, distributor, supplier, marketer, pro-
moter, or seller of a medical product, in which the claim-
ant alleges a claim (including third party claims, cross
claims, counter claims, or distribution claims) based upon
the provision of (or the failure to provide or pay for)
health care services or the use of a medical product, re-
gardless of the theory of liability on which the claim is
based or the number of plaintiffs, defendants, or causes
of action.
(c) EFFECTIVE DATE.—This section shall apply with
respect to any health care liability action which is initiated
on or after the date of the enactment of this Act.
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