[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1850 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1850

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

                             April 1, 2009

Ms. DeGette (for herself and Mr. Platts) 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 ``Quit Smoking for Life Act of 2009''.

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 (DD), by striking ``and'' at the end;
            (2) in subparagraph (EE), by adding ``and'' at the end; and
            (3) by adding at the end the following new subparagraph:
            ``(FF) counseling for cessation of tobacco use (as defined 
        in section 1861(hhh));''.
    (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:
    ``(hhh) Counseling for Cessation of Tobacco Use.--(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; Elimination of Deductible.--
            (1) Payment.--Section 1833(a)(1) of such Act (42 U.S.C. 
        1395l(a)(1)) is amended--
                    (A) by striking ``and'' before ``(W)''; and
                    (B) by inserting before the semicolon at the end 
                the following: ``, and (X) with respect to counseling 
                for cessation of tobacco use (as defined in section 
                1861(hhh)), the amount paid shall be 80 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 ``(9)''; and
                    (B) by inserting before the period the following: 
                ``, and (10) such deductible shall not apply with 
                respect to counseling for cessation of tobacco use (as 
                defined in section 1861(hhh))''.
    (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 TOBACCO CESSATION PHARMACOTHERAPY UNDER THE 
              MEDICARE PROGRAM.

    (a) Inclusion of Tobacco Cessation Agents as Covered Drugs.--
Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-
102(e)(1)) is amended--
            (1) in subparagraph (A), by striking ``or'' after the 
        semicolon at the end;
            (2) in subparagraph (B), by striking the comma at the end 
        and inserting ``; or''; and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
                    ``(C) any agent approved by the Food and Drug 
                Administration for purposes of promoting, and when used 
                to promote, tobacco use cessation that may be dispensed 
                without a prescription (commonly referred to as an 
                `over-the-counter' drug), but only if such an agent is 
                prescribed by a physician (or other person authorized 
                to prescribe under State law),''.
    (b) Establishment of Categories and Classes Consisting of Tobacco 
Cessation Agents.--Section 1860D-4(b)(3)(C) of the Social Security Act 
(42 U.S.C. 1395w-104(b)(3)(C)) is amended by adding at the end the 
following new clause:
                            ``(iv) Categories and classes of tobacco 
                        cessation agents.--There shall be a therapeutic 
                        category or class of covered part D drugs 
                        consisting of agents approved by the Food and 
                        Drug Administration for cessation of tobacco 
                        use. Such category or class shall include 
                        tobacco cessation agents described in 
                        subparagraphs (A) and (C) of section 1860D-
                        2(e)(1).''.

SEC. 4. COVERAGE OF COUNSELING AND MEDICATION FOR CESSATION OF TOBACCO 
              USE UNDER THE MEDICAID PROGRAM.

    (a) Dropping Exception From Medicaid Prescription Drug Coverage for 
Tobacco Use Cessation Medications.--
            (1) In general.--Section 1927(d)(2) of the Social Security 
        Act (42 U.S.C. 1396r-8(d)(2)) is amended--
                    (A) by striking subparagraph (E);
                    (B) by redesignating subparagraph (F) through (K) 
                as subparagraphs (E) through (J), respectively; and
                    (C) in subparagraph (F), as so redesignated, by 
                inserting before the period at the end the following: 
                ``, other than agents approved by the Food and Drug 
                Administration for purposes of promoting, and when used 
                to promote, tobacco use cessation (regardless, for 
                purposes of this title only, of whether such agents may 
                be dispensed only upon prescription or may be dispensed 
                without a prescription (commonly referred to as an 
                `over-the-counter' drug), but only if such an agent is 
                prescribed by a physician (or other person authorized 
                to prescribe under State law))''.
            (2) Conforming amendment.--Section 1860D-2(e)(2)(A) of the 
        Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended 
        by striking ``, other than subparagraph (E) of such section 
        (relating to smoking cessation agents),''.
    (b) Requiring Coverage of Tobacco Use Cessation Counseling.--
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(hhh));''.
    (c) Treatment of Tobacco Cessation Services and Medications as 
Services Related to Pregnancy.--Section 1905 of such Act is amended by 
adding at the end the following new subsection:
    ``(y) Services described in subsection (a)(4)(D) shall be treated 
as services related to pregnancy with respect to women during pregnancy 
(and during the 60-day period beginning on the last day of the 
pregnancy).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to items and 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. 5. 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:
    ``(d) For purposes of this title, counseling for cessation of 
tobacco use (as defined in section 1861(hhh)), drugs and biologicals 
used to promote tobacco use cessation (regardless of whether such drugs 
or biologicals may be dispensed only upon prescription or may be 
dispensed without a prescription (commonly referred to as an `over-the-
counter' drug), but only if such a drug or biological is prescribed by 
a physician (or other person authorized to prescribe under State law)), 
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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