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 (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(ww));’’.
(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:
‘‘Counseling for Cessation of Tobacco Use
‘‘(ww)(1) Subject to paragraph (2), the term ‘coun-
seling for cessation of tobacco use’ means diagnostic, ther-
apy, 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 regu-
latory 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 cur-
rent clinical practice guidelines on treating tobacco
use and dependence issued by the Public Health
Service; and
‘‘(B) such other services that the Secretary rec-
ognizes to be effective.’’.
(c) PAYMENT
AND ELIMINATION
OF COST-SHAR-
ING.—
(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 ‘‘(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(ww)), the amount paid
shall be 100 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 ‘‘(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(ww))’’.
(3) ELIMINATION
OF
COINSURANCE
IN
OUT-
PATIENT HOSPITAL SETTINGS.—The third sentence
of section 1866(a)(2)(A) of such Act (42 U.S.C.
1395cc(a)(2)(A)) is amended by inserting after
‘‘1861(s)(10)(A)’’ the following: ‘‘, with respect to
counseling for cessation of tobacco use (as defined in
section 1861(ww)),’’.
(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 COUNSELING FOR CESSATION OF
TOBACCO USE UNDER THE MEDICAID PRO-
GRAM.
(a) DROPPING EXCEPTION FROM MEDICAID PRE-
SCRIPTION DRUG COVERAGE FOR TOBACCO USE CES-
SATION 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);
(2) by redesignating subparagraph (F) through
(J) as subparagraphs (E) through (I), respectively;
and
(3) in subparagraph (F), as so redesignated, by
inserting before the period at the end the following:
‘‘except agents approved by the Food and Drug Ad-
ministration for purposes of promoting, and when
used to promote, tobacco use cessation’’.
(b) REQUIRING COVERAGE OF TOBACCO USE CES-
SATION COUNSELING FOR PREGNANT WOMEN.—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 de-
fined in section 1861(ww)) for pregnant women;’’.
(c) REMOVAL OF COST-SHARING FOR TOBACCO USE
CESSATION
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 striking ‘‘(B)’’ and inserting ‘‘(B)(i) coun-
seling for cessation of tobacco use (as defined in section
1861(ww)) furnished to pregnant women and (ii) other’’.
(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. 4. PROMOTING CESSATION OF TOBACCO USE UNDER
THE MATERNAL AND CHILD HEALTH PRO-
GRAM.
(a) QUALITY MATERNAL AND CHILD HEALTH SERV-
ICES 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:
‘‘(c) For purposes of this title, counseling for ces-
sation of tobacco use (as defined in section 1861(ww)),
drugs and biologicals used to promote tobacco use ces-
sation, and the inclusion of antitobacco messages in health
promotion counseling shall be considered to be part of
quality maternal and child health services.’’.