Viagra for Sex Offenders Coming Soon to a Health Benefit Exchange Near You

Readers may recall  Senator Coburn's amendment to the reconciliation sidecar legislation that would prevent sex offenders from receiving taxpayer funded Viagra and other erectile drug therapies. Politico posted the text of the amendment March 23rd, noting Republicans were doing their best to derail the reconciliation package by forcing Democrats to take some hard votes to avoid sending the bill back to the House:

No Erectile Dysfunction Drugs To Sex Offenders – This amendment would enact recommendations from the Government Accountability Office to stop fraudulent payments for prescription drugs prescribed by dead providers or, to dead patients. This amendment also prohibits coverage of Viagra and other ED medications to convicted child molesters, rapists, and sex offenders, and prohibits coverage of abortion drugs. (Note: the creation of exchanges could allow sex offenders to receive taxpayer-funded Viagra and other ED drugs unless Congress expressly prohibits this action – see additional background attached)

No one appears to have taken Coburn's warning very seriously and it was too much to hope they read the additional background material Coburn provided.  The amendment failed in a 57-42 vote and was later described as ""a crass political stunt aimed at making 30-second (political) commercials.”" by Senator Max Baucus.  Baucus further suggested the amendment made a "mockery" of a serious bill.  Baucus might want to rethink which was the serious bill and which was the "mockery."  Both Roll Call and Fox News  report on a Congressional Research Service memo that confirms there is indeed nothing in the new law that would prevent sex offenders from receiving Viagra through taxpayer subsidized health benefit exchanges just as Coburn warned:

The CRS said there are no provisions in the new health care law "which would require health plans to limit the type of benefits that can be offered based on the plan beneficiary's prior criminal convictions."

"Additionally, there do not appear to be any provisions that would specifically restrict qualified health plans' coverage of drugs prescribed to treat ED," the memo read.

"Therefore, a convicted rapist, child molester, or other sex offender who is not incarcerated would not appear to be excluded from enrolling in a qualified health plan through an American Health Benefit Exchange in their state solely because of that conviction," the memo added.

Senate Democrats failed in their efforts to spare the House another vote.  Was it all worth it, the second House vote passed with more of a whimper than a bang.   Now it seems the Democrats are the ones who are left to sort out the sordid details of their own bill.  Does that amendment vote still look good in the light of day?   I'll bet not, though Democrats aren't likely to admit regrets for having chosen the blue pill.  The deed is done and Democrats now face what is bound to be the world's longest "walk of shame."  Expect the video sometime before November.