[Congressional Record Volume 163, Number 6 (Tuesday, January 10, 2017)]
[Senate]
[Pages S216-S217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 90. Mr. CARPER (for himself, Mr. Durbin, and Mr. Blumenthal) 
submitted an amendment intended to be proposed by him to the concurrent 
resolution S. Con. Res. 3, setting forth the congressional budget for 
the United States Government for fiscal year 2017 and setting forth the 
appropriate budgetary levels for fiscal years 2018 through 2026; which 
was ordered to lie on the table; as follows:

       At the end of title IV, add the following:

     SEC. 4__. POINT OF ORDER AGAINST LEGISLATION THAT WOULD 
                   RESULT IN A REDUCTION IN TOBACCO CESSATION 
                   COVERAGE UNDER MEDICAID OR PRIVATE INSURANCE 
                   PLANS.

       (a) Findings.--The Senate finds the following:

[[Page S217]]

       (1) Tobacco use is the leading cause of preventable deaths 
     in the United States.
       (2) Each year, tobacco use leads to $170,000,000,000 in 
     healthcare spending on illness caused by tobacco use and 
     $150,000,000,000 in lost productivity.
       (3) Tobacco use is more than twice as common among the 
     overall Medicaid population (including individuals covered 
     under the Medicaid expansion added by the Affordable Care 
     Act) than among individuals with private insurance coverage.
       (4) The Affordable Care Act--
       (A) requires that State Medicaid plans cover tobacco 
     cessation services for pregnant women and individuals covered 
     under the Medicaid expansion with no cost-sharing;
       (B) requires that private health insurance plans cover 
     tobacco cessation products and services without cost-sharing; 
     and
       (C) prohibits the exclusion of tobacco cessation drugs from 
     coverage under Medicaid.
       (5) Expanded coverage for tobacco cessation leads to better 
     health outcomes and lower health costs.
       (b) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that would 
     result in a reduction in the coverage of items and services 
     related to the cessation of tobacco under the Medicaid 
     program or private insurance plans.
       (c) Waiver and Appeal.--Subsection (b) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (b).
                                 ______