Sex offenders in Utah could be getting Viagra

Men on Medicaid in Utah can't get their teeth drilled on for cavities, but the taxpayer-funded plan will buy their erectile dysfunction medication — even if they are convicted sex offenders.

An audit by the New York state comptroller's office released last weekend is raising a furor across the country as findings revealed nearly 200 high-risk sex offenders received the drugs paid for by Medicaid.

The probe found 198 "level three" offenders over a five-year period who received the drug through Medicaid. Level three offenders are those classified by the courts as likely to re-offend and have criminal histories that include rape and crimes against children.

Closer to home, it's likely a similar scenario is playing out because Medicaid applications in Utah don't ask for criminal history and doctors prescribing the medication aren't screening for previous offenses.

"This is an outrage," said Dr. David Sundwall, executive director of the state Department of Health. "Taxpayers should not be paying for this medication for people who are at risk to the public, especially children."

Medicaid, a joint federal and state health insurance program for the poor, provides coverage for five different erectile dysfunction medications. Like the rest of the country, Utah follows a federal mandate that any drug approved by the Food and Drug Administration, with narrow exceptions, be an allowed prescription drug benefit.

That might soon change on the national and state front with officials working to eliminate the benefit for sex offenders.

Sundwall said Monday he plans to have state health employees cross-reference the sex offender registry against Medicaid beneficiaries to make sure that what happened in New York "doesn't happen here."

In Utah, officials track 8,000 people on the sex offender registry. In 2004, 2,115 inmates were released from prison, with 312 of those classified as sex offenders.

Sundwall conceded he would be surprised if some offenders hadn't already received the medication, which has been a Medicaid benefit since 1998.

"I'd be surprised if it hadn't happened, but based on the New York information, we are going to find out. The last thing we want to do through the Medicaid program is facilitate inappropriate sexual behavior by someone who has a history of sex-related offenses."

Once the cross-referencing is done, Sundwall said if the research reveals a Utah sex offender has been receiving erectile dysfunction medication, he will unilaterally issue a cease and desist order and then work with the governor and Utah lawmakers to get the loophole closed.