I

107TH CONGRESS

1ST SESSION H. R. 1229

To amend titles V, XVIII, and XIX of the Social Security Act to promote

smoking cessation under the Medicare Program, the Medicaid Program,

and the maternal and child health program.

IN THE HOUSE OF REPRESENTATIVES

MARCH 27, 2001

Ms. DEGETTE 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 smoking cessation under the Medicare

Program, the Medicaid Program, and the maternal and

child health program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Medicare, Medicaid,

5 and MCH Smoking Cessation Promotion Act of 2001’’.
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1 SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF

2 TOBACCO USE UNDER THE MEDICARE PRO3 GRAM.

4 (a) COVERAGE.—Section 1861(s)(2) of the Social Se5 curity Act (42 U.S.C. 1395x(s)(2)), as amended by sec6 tions 102(a) and 105(a) of the Medicare, Medicaid, and

7 SCHIP Benefits Improvement and Protection Act of 2000

8 (as enacted into law by section 1(a)(6) of Public Law 106–

9 554), is amended—

10 (1) in subparagraph (U), by striking ‘‘and’’ at

11 the end;

12 (2) in subparagraph (V), by adding ‘‘and’’ at

13 the end; and

14 (3) by adding at the end the following new sub15 paragraph:

16 ‘‘(W) counseling for cessation of tobacco use (as

17 defined in section 1861(vv));’’.

18 (b) COUNSELING DESCRIBED.—Section 1861 of such

19 Act (42 U.S.C. 1395x), as amended by section 102(b) of

20 the Medicare, Medicaid, and SCHIP Benefits Improve21 ment and Protection Act of 2000 (as enacted into law by

22 section 1(a)(6) of Public Law 106–554), is further amend23 ed by adding at the end the following new subsection:

24 ‘‘Counseling for Cessation of Tobacco Use

25 ‘‘(vv)(1) Except as provided in paragraph (2), the

26 term ‘counseling for cessation of tobacco use’ may include
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1 diagnostic, therapy, and counseling services for cessation

2 of tobacco use but only for individuals who have a history

3 of tobacco use and only if the services are furnished—

4 ‘‘(A) by or under the supervision of a physician;

5 or

6 ‘‘(B) by any other health care professional who

7 (i) is legally authorized to furnish such services

8 under State law (or the State regulatory mechanism

9 provided by State law) of the State in which the

10 services are furnished and (ii) is authorized to re11 ceive payment for other services under this title or

12 is designated by the Secretary for this purpose.

13 ‘‘(2) Such term does not include counseling services

14 that have not been shown (or recognized by the Secretary)

15 to be effective.’’.

16 (c) ELIMINATION OF COST-SHARING.—

17 (1) ELIMINATION OF COINSURANCE.—Section

18 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)), as

19 amended by sections 105(c) and 201(b) of the Medi20 care, Medicaid, and SCHIP Benefits Improvement

21 and Protection Act of 2000 (as enacted into law by

22 section 1(a)(6) of Public Law 106–554), is

23 amended—

24 (A) by striking ‘‘and’’ before ‘‘(U)’’; and
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1 (B) by inserting before the semicolon at

2 the end the following: ‘‘, and (V) with respect

3 to counseling for cessation of tobacco use (as

4 defined in section 1861(vv), the amount paid

5 shall be 100 percent of the lesser of the actual

6 charge for the services or the amount deter7 mined by a fee schedule established by the Sec8 retary for purposes of this clause’’.

9 (2) ELIMINATION OF DEDUCTIBLE.—The first

10 sentence of section 1833(b)(1) of such Act (42

11 U.S.C. 1395l(b)(1)) is amended—

12 (A) by striking ‘‘and’’ before ‘‘(6)’’; and

13 (B) by inserting before the period the fol14 lowing: ‘‘, and (7) such deductible shall not

15 apply with respect to counseling for cessation of

16 tobacco use (as defined in section 1861(vv)’’.

17 (d) EFFECTIVE DATE.—The amendments made by

18 this section shall apply to services furnished on or after

19 January 1, 2002.

20 SEC. 3. MEDICAID PROGRAM.

21 (a) DROPPING EXCEPTION FROM MEDICAID PRE22 SCRIPTION DRUG COVERAGE FOR SMOKING CESSATION

23 MEDICATIONS.—Section 1927(d)(2) of the Social Security

24 Act (42 U.S.C. 1396r–8(d)(2)) is amended—

25 (1) by striking subparagraph (E); and
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1 (2) in subparagraph (F), by inserting before the

2 period at the end the following: ‘‘except agents ap3 proved by the Food and Drug Administration for

4 purposes of promoting, and when used to promote,

5 smoking cessation’’.

6 (b) REQUIRING COVERAGE OF SMOKING CESSATION

7 COUNSELING IN SERVICES FOR PREGNANT WOMEN.—

8 Section 1902(a)(10)(C)(ii)(II) of such Act (42 U.S.C.

9 1396a(a)(10)(C)(ii)(II)) is amended by inserting ‘‘and

10 counseling for cessation of tobacco use (as defined in sec11 tion 1861(vv))’’ after ‘‘prenatal care and delivery serv12 ices’’.

13 (c) REMOVAL OF COST-SHARING FOR SMOKING CES14 SATION COUNSELING SERVICES FOR PREGNANT

15 WOMEN.—Section 1916 of such Act (42 U.S.C. 1396o)

16 is amended, in each of subsections (a)(2)(B) and

17 (b)(2)(B), by inserting ‘‘counseling for cessation of to18 bacco use (as defined in section 1861(vv)) furnished to

19 pregnant women and other’’ after ‘‘(B)’’.

20 (d) EFFECTIVE DATE.—The amendments made by

21 this section shall apply to services furnished on or after

22 January 1, 2002.

23 SEC. 4. MATERNAL AND CHILD HEALTH PROGRAM.

24 (a) QUALITY MATERNAL AND CHILD HEALTH SERV25 ICES INCLUDES SMOKING CESSATION COUNSELING AND
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1 MEDICATIONS.—Section 501 of the Social Security Act

2 (42 U.S.C. 701) is amended by adding at the end the fol3 lowing new subsection:

4 ‘‘(c) For purposes of this title, counseling for ces5 sation of tobacco use (as defined in section 1861(vv)),

6 medications used to promote smoking cessation, and the

7 inclusion of anti-tobacco messages in health promotion

8 counseling shall be considered to be part of quality mater9 nal and child health services.’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall take effect on the date of the enact12 ment of this Act.

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