THE REGISTER-HERALD: 05/29/2005
By Mannix Porterfield/REGISTER-HERALD REPORTER
Are certified sex offenders in West Virginia getting a little relief from impotency, courtesy of taxpayers?
If so, a Northern Panhandle lawmaker says it's time taxpayers stopped footing the bill.
Delegate Cindy Frich, R-Monongalia, asked Gov. Joe Manchin in a letter Friday to conduct a cross check of the state's sex offender registry and Medicaid records to see if any payments were approved for impotence medications.
"West Virginia is under-funding the upcoming Medicaid budget by $30 million and can ill afford to be funding erectile dyfunctions of sex offenders," Frich wrote the governor.
"If the state is currently funding impotence drugs for sex offenders, this practice must end."
Frich says the practice, if indeed it is in force, goes beyond imposing "an unnecessary burden to taxpayers" because it creates a rivalry for more vital medicinal needs at a time when budgets are growing tighter.
What's more, she said, "it would be offensive to victims of sexual crimes."
"The federal government has warned that there could be sanctions if states continue this practice," the delegate said.
Frich asked the governor to conduct a cross reference with the sex registry maintained by the State Police to see if Medicaid money is paying the bill for such medicines as Viagra, Cialis, Levitra and the like.
John Law, communications director for the state Department of Health and Human Resources, and the only employee designated to speak for the agency, was not available to comment Friday on Frich's request.
The delegate said she has considered filing a request under the Freedom of Information Act to get the requested information.
Frich, however, acknowledged this tack might run into a stone wall due to the restrictions imposed by the federal Health Insurance Portability and Accountability Act, intended to safeguard the privacy rights of patients under medical treatment.
"If they're using state funds to buy those drugs, I agree with her," said Delegate Tom Louisos, D-Fayette.
"If there's a possibility that someone could take advantage of a young child or young girl, or whatever, we ought to take every opportunity away from them."
Louisos, however, wasn't certain if Frich can get the kind of information about Medicaid patients and sex offender she seeks.
"What she is asking is laudable and understandable, but there are a lot of things you can't just do," he said.
If sex offenders do get Medicaid-furnished impotency pills, Louisos said, "it's going to be an issue with the Legislature - no question about it."
For now, however, Louisos suggested his main health concern is getting a national plan patterned after one in Canada.
"If a person needs major medical attention or prescription drugs, he just can't afford them today," he said.
"You're not going to bring these costs under control. You can't justify the cost of these prescription drugs. You can't do it. We need a national health care program and that's it. I don't think people would mind paying taxes if they can go to the hospital and the doctor when they need to."
- E-mail: mannix@register-herald.com