Page:United States Statutes at Large Volume 111 Part 1.djvu/50

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Ill STAT. 26 PUBLIC LAW 105-12 —APR. 30, 1997 or service, furnished or performed for the purpose of causing, or assisting in causing, the suicide, euthanasia, or mercy killing of any individual. (b) NONDUPLICATION. — Subsection (a) shall not apply to funds to which section 3, 4, or 5 applies, except that subsection (a), rather than aedSion 3, shall apply to funds appropriated to carry out title 10, United States Code (other than chapter 55), title 18, United States Code (other than section 4005(a)), and chapter 37 of title 28, United States Code. 42 USC 14406. SEC. 7. CLARIFICATION WITH RESPECT TO ADVANCE DIRECTIVES. Subject to section 3(b) (relating to construction and treatment of certain services), sections 1866(f) and 1902(w) of the Social Security Act shall not be construed— (1) to require any provider or organization, or any employee of such a provider or organization, to inform or counsel any individual regarding any right to obtain an item or service furnished for the purpose of causing, or the purpose of assisting in causing, the death of the individual, such as by assisted suicide, euthanasia, or mercy killing; or (2) to apply to or to affect any requirement with respect to a portion of an advance directive that directs the purposeful causing of, or the purposeful assisting in causing, the death of any individual, such as by assisted suicide, euthanasia, or mercy killing. 42 USC 14407.. SEC. 8. APPLICATION TO DISTRICT OF COLUMBIA. For purposes of this Act, the term "funds appropriated by Congress" includes funds appropriated to the District of Columbia pursuant to an authorization of appropriations under title V,of the District of Columbia Self-Government and Governmental Reorganization Act and the term "Federal government" includes the government of the District of Columbia. SEC. 9. CONFORMING AMENDMENTS. (a) MEDICARE PROGRAM.— (1) FUNDING. —Section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)) is amended— (A) by striking "or" at the end of paragraph (14); (B) by striking the period at the end of paragraph (15) and inserting "; or"; and (C) by inserting after paragraph (15) the following new paragraph: "(16) in the case in which funds may not be used for such items and services under the Assisted Suicide Funding Restriction Act of 1997.". (2) 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) For construction relating to this subsection, see section 7 of the Assisted Suicide Funding Restriction Act of 1997 (relating to clarification respecting assisted suicide, euthanasia, and mercy killing).". (b) MEDICAID PROGRAM. — (1) FUNDING. —Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended— (A) by striking "or" at the end of paragraph (14); (B) by striking the period at the end of paragraph (15) and inserting "; or"; and (C) by inserting after paragraph (15) the following new paragraph: "(16) with respect to any amount expended for which funds may not be used under the Assisted Suicide Funding Restriction Act of 1997.". (2) ADVANCE DIRECTIVES. — Section 1902(w) of such Act (42 U.S.C. 1396a(w)) is amended by adding at the end the following new paragraph: