I
106TH CONGRESS
2D SESSION
H. R. 5208
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
SEPTEMBER 19, 2000
Ms. DEGETTE (for herself, Mrs. MORELLA, Mrs. TAUSCHER, Mr. MEEHAN,
Mr. WAXMAN, Mr. WEYGAND, Mr. STARK, Mr. LAFALCE, Mr. SANDERS,
Mr. DOGGETT, Mr. LEVIN, Mrs. LOWEY, and Mr. FILNER) introduced
the following bill; which was referred to the Committee on 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 consider-
ation 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Medicare, Medicaid,
and MCH Smoking Cessation Promotion Act of 2000’’.
SEC. 2. COVERAGE OF COUNSELING FOR CESSATION OF
TOBACCO USE UNDER THE MEDICARE PRO-
GRAM.
(a) COVERAGE.—Section 1861(s)(2) of the Social Se-
curity Act (42 U.S.C. 1395x(s)(2)) is amended—
(1) in subparagraph (S), by striking ‘‘and’’ at
the end;
(2) in subparagraph (T), by adding ‘‘and’’ at
the end; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(U) counseling for cessation of tobacco use (as
defined in section 1861(uu));’’.
(b) COUNSELING 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
‘‘(uu)(1) Except as provided in paragraph (2), the
term ‘counseling for cessation of tobacco use’ may include
diagnostic, therapy, and counseling services for cessation
of tobacco use but only for individuals who have a history
of tobacco use and only if the services are 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 re-
ceive payment for other services under this title or
is designated by the Secretary for this purpose.
‘‘(2) Such term does not include counseling services
that have not been shown (or recognized by the Secretary)
to be effective.’’.
(c) 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 ‘‘(S)’’; and
(B) by inserting before the semicolon at
the end the following: ‘‘, and (T) with respect
to counseling for cessation of tobacco use (as
defined in section 1861(uu), the amount paid
shall be 100 percent of the lesser of the actual
charge for the services or the amount deter-
mined by a fee schedule established by the Sec-
retary for purposes of this clause’’.
(2) ELIMINATION OF DEDUCTIBLE.—The first
sentence of section 1833(b)(1) of such Act (42
U.S.C. 1395l(b)(1)) is amended—
(A) by striking ‘‘and’’ before ‘‘(6)’’; and
(B) by inserting before the period the fol-
lowing: ‘‘, and (7) such deductible shall not
apply with respect to counseling for cessation of
tobacco use (as defined in section 1861(uu)’’.
(d) EFFECTIVE DATE.—The amendments made by
this section apply to services furnished on or after Janu-
ary 1, 2002.
SEC. 3. MEDICAID PROGRAM.
(a) DROPPING EXCEPTION FROM MEDICAID PRE-
SCRIPTION DRUG COVERAGE FOR SMOKING 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); and
(2) in subparagraph (F), by inserting before the
period at the end the following: ‘‘except agents ap-
proved by the Food and Drug Administration for
purposes of promoting, and when used to promote,
smoking cessation’’.
(b) REQUIRING COVERAGE OF SMOKING CESSATION
COUNSELING IN SERVICES FOR PREGNANT WOMEN.—
Section 1902(a)(10)(C)(ii)(II) of such Act (42 U.S.C.
1396a(a)(10)(C)(ii)(II)) is amended by inserting ‘‘and
counseling for cessation of tobacco use (as defined in sec-
tion 1861(uu))’’ after ‘‘prenatal care and delivery serv-
ices’’.
(c) REMOVAL OF COST-SHARING FOR SMOKING CES-
SATION
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 inserting ‘‘counseling for cessation of to-
bacco use (as defined in section 1861(uu)) furnished to
pregnant women and other’’ after ‘‘(B)’’.
(d) EFFECTIVE DATE.—The amendments made by
this section apply to services furnished on or after Janu-
ary 1, 2002.
SEC. 4. MATERNAL AND CHILD HEALTH PROGRAM.
(a) QUALITY MATERNAL AND CHILD HEALTH SERV-
ICES INCLUDES SMOKING CESSATION COUNSELING AND
MEDICATIONS.—Section 501 of the Social Security Act
(42 U.S.C. 701) is amended by adding at the end the fol-
lowing new subsection:
‘‘(c) For purposes of this title, counseling for ces-
sation of tobacco use (as defined in section 1861(uu)),
medications used to promote smoking cessation, and the
inclusion of anti-tobacco messages in health promotion
counseling shall be considered to be part of quality mater-
nal and child health services.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) takes effect on the date of the enactment
of this Act.
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