Md. Unclear Whether It Provides Such Drugs
By Chris L. Jenkins
Washington Post Staff Writer
Friday, May 27, 2005
RICHMOND, May 26 -- Gov. Mark R. Warner (D) signed an emergency order Thursday that prohibits the Virginia Medicaid program from paying the costs of Viagra and other prescription erectile dysfunction drugs for 52 men registered as violent sex offenders.
The executive action came after Virginia officials found that the men had received the drugs in 2004 through Medicaid, the state and federal health care program for the poor, elderly and infirm.
The audit ordered by Warner was conducted by the Department of Medicaid Services. It was prompted by a similar audit in New York state that found that 197 rapists and other sex offenders had received Viagra through Medicaid. Virginia officials examined both Medicaid records and the state's Sex Offender Registry to determine the situation in the commonwealth.
"Federal Medicaid officials have already ordered states to stop funding these drugs for sex offenders," said Kevin Hall, Warner's press secretary. "The governor certainly agrees that it is not appropriate for the taxpayers to fund these types of drugs for convicted sex offenders."
Warner's order follows action at the federal level that addresses the issue. The federal Centers for Medicare and Medicaid Services directed states to review their procedures on offering Medicaid payments for drugs to sex offenders and end the coverage of erectile dysfunction drugs for them. The agency estimated Tuesday that Medicaid spends $38 million a year on erectile dysfunction drugs, most of it for Viagra, the Associated Press reported.
Also, Sen. Charles E. Grassley (R-Iowa) introduced legislation that would eliminate Medicaid and Medicare payments for these drugs.
In Maryland, Karen Black, a spokeswoman for the state Department of Health and Mental Hygiene, said Maryland is determining whether it has provided Viagra to any registered sex offenders. "If in fact that's the case, it won't be in the future," Black said. "We're going to ensure that we follow federal guidelines."
Warner also has asked Virginia officials to investigate whether the state should restrict access to Viagra and similar drugs under Medicaid just to sex offenders or whether the ban should apply to all Medicaid recipients.
"There are large issues that all 50 states will have to sort through," Hall said.
Staff writer John Wagner contributed to this report.