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42 USC § 14402 - Restriction on use of Federal funds under health care programs

---
identifier: "/us/usc/t42/s14402"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 14402 - Restriction on use of Federal funds under health care programs"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "14402"
section_name: "Restriction on use of Federal funds under health care programs"
chapter_number: 138
chapter_name: "ASSISTED SUICIDE FUNDING RESTRICTION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 105–12, § 3, Apr. 30, 1997, 111 Stat. 23.)"
---

# § 14402. Restriction on use of Federal funds under health care programs

**(a)** **Restriction on Federal funding of health care services** Subject to subsection (b), no funds appropriated by Congress for the purpose of paying (directly or indirectly) for the provision of health care services may be used—

**(1)** to provide any health care item or service furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing;

**(2)** to pay (directly, through payment of Federal financial participation or other matching payment, or otherwise) for such an item or service, including payment of expenses relating to such an item or service; or

**(3)** to pay (in whole or in part) for health benefit coverage that includes any coverage of such an item or service or of any expenses relating to such an item or service.

**(b)** **Construction and treatment of certain services** Nothing in subsection (a), or in any other provision of this chapter (or in any amendment made by this chapter), shall be construed to apply to or to affect any limitation relating to—

**(1)** the withholding or withdrawing of medical treatment or medical care;

**(2)** the withholding or withdrawing of nutrition or hydration;

**(3)** abortion; or

**(4)** the use of an item, good, benefit, or service furnished for the purpose of alleviating pain or discomfort, even if such use may increase the risk of death, so long as such item, good, benefit, or service is not also furnished for the purpose of causing, or the purpose of assisting in causing, death, for any reason.

**(c)** **Limitation on Federal facilities and employees** Subject to subsection (b), with respect to health care items and services furnished—

no such item or service may be furnished for the purpose of causing, or for the purpose of assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing.

**(1)** by or in a health care facility owned or operated by the Federal government, or

**(2)** by any physician or other individual employed by the Federal government to provide health care services within the scope of the physician’s or individual’s employment,

**(d)** **List of programs to which restrictions apply**

**(1)** **Federal health care funding programs** Subsection (a) applies to funds appropriated under or to carry out the following:

**(A)** **Medicare program** 42 U.S.C. 1395

Title XVIII of the Social Security Act [ et seq.].

**(B)** **Medicaid program** 42 U.S.C. 1396

Title XIX of the Social Security Act [ et seq.].

**(C)** **Title XX social services block grant** 42 U.S.C. 1397

Title XX of the Social Security Act [ et seq.].

**(D)** **Maternal and child health block grant program** 42 U.S.C. 701

Title V of the Social Security Act [ et seq.].

**(E)** **Public Health Service Act** 42 U.S.C. 201

The Public Health Service Act [ et seq.].

**(F)** **Indian Health Care Improvement Act** 25 U.S.C. 1601

The Indian Health Care Improvement Act [ et seq.].

**(G)** **Federal employees health benefits program** Chapter 89 of title 5.

**(H)** **Military health care system (including Tricare and CHAMPUS programs)** Chapter 55 of title 10.

**(I)** **Veterans medical care** Chapter 17 of title 38.

**(J)** **Health services for Peace Corps volunteers** Section 2504(e) of title 22

.

**(K)** **Medical services for Federal prisoners** Section 4005(a) of title 18

.

**(2)** **Federal facilities and personnel** The provisions of subsection (c) apply to facilities and personnel of the following:

**(A)** **Military health care system** The Department of Defense operating under chapter 55 of title 10.

**(B)** **Veterans medical care** The Veterans Health Administration of the Department of Veterans Affairs.

**(C)** **Public Health Service** The Public Health Service.

**(3)** **Nonexclusive list** Nothing in this subsection shall be construed as limiting the application of subsection (a) to the programs specified in paragraph (1) or the application of subsection (c) to the facilities and personnel specified in paragraph (2).

---

**Source Credit**: (Pub. L. 105–12, § 3, Apr. 30, 1997, 111 Stat. 23.)

## Editorial Notes

### References in Text

This chapter, referred to in subsec. (b), was in the original “this Act”, meaning , , , known as the Assisted Suicide Funding Restriction Act of 1997, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

The Social Security Act, referred to in subsec. (d)(1)(A)–(D), is , . Titles V, XVIII, XIX, and XX of the Act are classified generally to subchapters V (§ 701 et seq.), XVIII (§ 1395 et seq.), XIX (§ 1396 et seq.), and XX (§ 1397 et seq.), respectively, of chapter 7 of this title, respectively. For complete classification of this Act to the Code, see  and Tables.

The Public Health Service Act, referred to in subsec. (d)(1)(E), is , , which is classified generally to chapter 6A (§ 201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.

The Indian Health Care Improvement Act, referred to in subsec. (d)(1)(F), is , , , which is classified principally to chapter 18 (§ 1601 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under  and Tables.