Pub. L. 109-91, tit. I, sec. 104
ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED FOR TREATMENT OF SEXUAL OR ERECTILE DYSFUNCTION.
SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED FOR TREATMENT OF SEXUAL OR ERECTILE DYSFUNCTION.(a) In General.—Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r–8(d)(2)) is amended by adding at the end the following new subparagraph:“(K) Agents when used for the treatment of sexual or erectile dysfunction, unless such agents are used to treat a condition, other than sexual or erectile dysfunction, for which the agents have been approved by the Food and Drug Administration.”.(b) Elimination of Federal Payment Under Medicaid Program.—Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended—(1) by striking “or” at the end of paragraph (19);(2) by striking the period at the end of paragraph (20) and inserting “; or”; and119 STAT. 2093(3) by inserting after paragraph (20) the following new paragraph:“(21) with respect to amounts expended for covered outpatient drugs described in section 1927(d)(2)(K) (relating to drugs when used for treatment of sexual or erectile dysfunction).”.(c) Clarification of No Effect on Determination of Base Expenditures.—Section 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C. 1396v(c)(3)(B)(ii)(II)) is amended by inserting “, including drugs described in subparagraph (K) of section 1927(d)(2)” after “1860D–2(e)”.(d) Effective Date.—The amendments made by this section shall apply to drugs dispensed on or after January 1, 2006.