[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3676 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 3676

To amend titles V, XVIII, and XIX of the Social Security Act to promote 
tobacco use cessation under the Medicare Program, the Medicaid Program, 
               and the maternal and child health program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2002

Ms. DeGette (for herself and Mrs. Bono) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
    addition to the Committee on Ways and Means, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To amend titles V, XVIII, and XIX of the Social Security Act to promote 
tobacco use cessation under the Medicare Program, the Medicaid Program, 
               and the maternal and child health program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare, Medicaid, and MCH Tobacco 
Use Cessation Promotion Act of 2001''.

SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE 
              MEDICARE PROGRAM.

    (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 
U.S.C. 1395x(s)(2)) is amended--
            (1) in subparagraph (U), by striking ``and'' at the end;
            (2) in subparagraph (V), by adding ``and'' at the end; and
            (3) by adding at the end the following new subparagraph:
            ``(W) counseling for cessation of tobacco use (as defined 
        in section 1861(ww));''.
    (b) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) 
is further amended by adding at the end the following new subsection:

               ``Counseling for Cessation of Tobacco Use

    ``(ww)(1) Subject to paragraph (2), the term `counseling for 
cessation of tobacco use' means diagnostic, therapy, and counseling 
services for cessation of tobacco use, for individuals who use tobacco 
products or are being treated for tobacco use, furnished--
            ``(A) by or under the supervision of a physician; or
            ``(B) by any other health care professional who--
                    ``(i) is legally authorized to furnish such 
                services under State law (or the State regulatory 
                mechanism provided by State law) of the State in which 
                the services are furnished; and
                    ``(ii) is authorized to receive payment for other 
                services under this title or is designated by the 
                Secretary for this purpose.
    ``(2) Such term is limited to--
            ``(A) services that are included in the most current 
        clinical practice guidelines on treating tobacco use and 
        dependence issued by the Public Health Service; and
            ``(B) such other services that the Secretary recognizes to 
        be effective.''.
    (c) Payment and Elimination of Cost-Sharing.--
            (1) Elimination of coinsurance.--Section 1833(a)(1) of such 
        Act (42 U.S.C. 1395l(a)(1)) is amended--
                    (A) by striking ``and'' before ``(U)''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``, and (V) with respect to counseling 
                for cessation of tobacco use (as defined in section 
                1861(ww)), the amount paid shall be 100 percent of the 
                lesser of the actual charge for the service or the 
                amount determined by a fee schedule established by the 
                Secretary for purposes of this clause''.
            (2) Elimination of deductible.--The first sentence of 
        section 1833(b) of such Act (42 U.S.C. 1395l(b)) is amended--
                    (A) by striking ``and'' before ``(6)''; and
                    (B) by inserting before the period the following: 
                ``, and (7) such deductible shall not apply with 
                respect to counseling for cessation of tobacco use (as 
                defined in section 1861(ww))''.
            (3) Elimination of coinsurance in outpatient hospital 
        settings.--The third sentence of section 1866(a)(2)(A) of such 
        Act (42 U.S.C. 1395cc(a)(2)(A)) is amended by inserting after 
        ``1861(s)(10)(A)'' the following: ``, with respect to 
        counseling for cessation of tobacco use (as defined in section 
        1861(ww)),''.
    (d) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after January 1 of the first calendar 
year that begins at least 6 months after the date of the enactment of 
this Act.

SEC. 3. COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE UNDER THE 
              MEDICAID PROGRAM.

    (a) Dropping Exception From Medicaid Prescription Drug Coverage for 
Tobacco Use Cessation Medications.--Section 1927(d)(2) of the Social 
Security Act (42 U.S.C. 1396r-8(d)(2)) is amended--
            (1) by striking subparagraph (E);
            (2) by redesignating subparagraph (F) through (J) as 
        subparagraphs (E) through (I), respectively; and
            (3) in subparagraph (F), as so redesignated, by inserting 
        before the period at the end the following: ``except agents 
        approved by the Food and Drug Administration for purposes of 
        promoting, and when used to promote, tobacco use cessation''.
    (b) Requiring Coverage of Tobacco Use Cessation Counseling for 
Pregnant Women.--Section 1905(a)(4) of such Act (42 U.S.C. 1396d(a)(4)) 
is amended--
            (1) by striking ``and'' before ``(C)''; and
            (2) by adding at the end the following: ``and (D) 
        counseling for cessation of tobacco use (as defined in section 
        1861(ww)) for pregnant women;''.
    (c) Removal of Cost-Sharing for Tobacco Use Cessation Counseling 
Services for Pregnant Women.--Section 1916 of such Act (42 U.S.C. 
1396o) is amended, in each of subsections (a)(2)(B) and (b)(2)(B), by 
striking ``(B)'' and inserting ``(B)(i) counseling for cessation of 
tobacco use (as defined in section 1861(ww)) furnished to pregnant 
women and (ii) other''.
    (d) Effective Date.--The amendments made by this section shall 
apply to services furnished on or after January 1 of the first calendar 
year that begins at least 6 months after the date of the enactment of 
this Act.

SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD 
              HEALTH PROGRAM.

    (a) Quality Maternal and Child Health Services Includes Tobacco Use 
Cessation Counseling and Medications.--Section 501 of the Social 
Security Act (42 U.S.C. 701) is amended by adding at the end the 
following new subsection:
    ``(c) For purposes of this title, counseling for cessation of 
tobacco use (as defined in section 1861(ww)), drugs and biologicals 
used to promote tobacco use cessation, and the inclusion of antitobacco 
messages in health promotion counseling shall be considered to be part 
of quality maternal and child health services.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.
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