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 Com-
mittee 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.
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 2001’’.
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)), as amended by sec-
tions 102(a) and 105(a) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000
(as enacted into law by section 1(a)(6) of Public Law 106–
554), 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 sub-
paragraph:
‘‘(W) counseling for cessation of tobacco use (as
defined in section 1861(vv));’’.
(b) COUNSELING DESCRIBED.—Section 1861 of such
Act (42 U.S.C. 1395x), as amended by section 102(b) of
the Medicare, Medicaid, and SCHIP Benefits Improve-
ment and Protection Act of 2000 (as enacted into law by
section 1(a)(6) of Public Law 106–554), is further amend-
ed by adding at the end the following new subsection:
‘‘Counseling for Cessation of Tobacco Use
‘‘(vv)(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)), as
amended by sections 105(c) and 201(b) of the Medi-
care, Medicaid, and SCHIP Benefits Improvement
and Protection Act of 2000 (as enacted into law by
section 1(a)(6) of Public Law 106–554), 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(vv), 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(vv)’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to services furnished on or after
January 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