H 4209 General Bill, By Barfield, Bingham, Hinson, Clark, Toole, Huggins, 
Pinson, Leach, Vaughn, Bowers, Hosey, Rhoad, Viers, Miller, Cato, Vick, Altman, 
Anderson, Bailey, Battle, G. Brown, Ceips, Chellis, Clemmons, Delleney, Duncan, 
Emory, Hamilton, Hardwick, Haskins, Hayes, Herbkersman, Jefferson, Littlejohn, 
Lucas, McGee, J.H. Neal, J.M. Neal, Neilson, Owens, M.A. Pitts, Rice, Sandifer, 
Sinclair, D.C. Smith, G.M. Smith, G.R. Smith, Taylor, White, Whitmire, 
Witherspoon and Young
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 44-6-95 SO AS TO PROVIDE THAT MEDICAID BENEFITS MAY NOT BE PROVIDED TO AN
 INDIVIDUAL FOR ERECTILE DYSFUNCTION MEDICATION WHO HAS BEEN CONVICTED OF A
 SEXUALLY VIOLENT OFFENSE AND TO PROVIDE AN EXCEPTION FOR OTHER MEDICAL
 CONDITIONS.

   05/25/05  House  Introduced and read first time HJ-328
   05/25/05  House  Referred to Committee on Ways and Means HJ-328

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-95 SO AS TO PROVIDE THAT MEDICAID BENEFITS MAY NOT BE PROVIDED TO AN INDIVIDUAL FOR ERECTILE DYSFUNCTION MEDICATION WHO HAS BEEN CONVICTED OF A SEXUALLY VIOLENT OFFENSE AND TO PROVIDE AN EXCEPTION FOR OTHER MEDICAL CONDITIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-95.    (A)    Notwithstanding any other provision of law, Medicaid funds must not be used to provide erectile dysfunction medication to an individual who has been convicted of or pled guilty or nolo contendere to a sexually violent offense, unless it is prescribed to treat a medical condition including, but not limited to, prostrate cancer or diabetes, and is not for the purpose of treating erectile dysfunction.

(B)    For purposes of this section, 'sexually violent offense' means:

(1)    criminal sexual conduct in the first degree, as provided in Section 16-3-652;

(2)    criminal sexual conduct in the second degree, as provided in Section 16-3-653;

(3)    criminal sexual conduct in the third degree, as provided in Section 16-3-654;

(4)    criminal sexual conduct with minors in the first degree, as provided in Section 16-3-655(1);

(5)    criminal sexual conduct with minors in the second degree, as provided in Section 16-3-655(2) and (3);

(6)    engaging a child for a sexual performance, as provided in Section 16-3-810;

(7)    producing, directing, or promoting sexual performance by a child, as provided in Section 16-3-820;

(8)    assault with intent to commit criminal sexual conduct, as provided in Section 16-3-656;

(9)    incest, as provided in Section 16-15-20;

(10)    buggery, as provided in Section 16-15-120;

(11)    committing or attempting lewd act upon child under sixteen, as provided in Section 16-15-140;

(12)    violations of Article 3, Chapter 15 of Title 16 involving a minor when the violations are felonies;

(13)    accessory before the fact to commit an offense enumerated in this item and as provided for in Section 16-1-40;

(14)    attempt to commit an offense enumerated in this item as provided by Section 16-1-80;

(15)    any offense for which the judge makes a specific finding on the record that based on the circumstances of the case, the person's offense should be considered a sexually violent offense; or

(16)    criminal solicitation of a minor, as provided in Section 16-15-342, if the purpose or intent of the solicitation or attempted solicitation was to:

(a)    persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5); or

(b)    perform a sexual activity in the presence of the person solicited."

SECTION    2.    This act takes effect upon approval by the Governor.