(A) in subparagraph (F), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (G), by striking ‘‘; 
and’’ and inserting ‘‘, or’’ ; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(H) counseling and pharmacotherapy for 
cessation of tobacco use (as defined in section 
1905(gg)) and covered outpatient drugs (as de-
fined in subsection (k)(2) of section 1927 and 
including nonprescription drugs described in 
subsection (d)(2) of such section) that are pre-
scribed for purposes of promoting tobacco ces-
sation in accordance with the guideline specified 
in section 1905(gg)(2)(A) furnished during the 
period beginning on the first day of the emer-
gency period described in section 1135(g)(1)(B) 
and ending on the last day of the 2-year period 
after the last day of such emergency period; 
and’’. 
(2) APPLICATION TO ALTERNATIVE COST SHAR-
ING.—Section 1916A(b)(3)(B) of the Social Security 
Act (42 U.S.C. 1396o–1(b)(3)(B)) is amended by 
adding at the end the following new clause: 
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‘‘(xii) 
Counseling 
and 
pharmacotherapy for cessation of tobacco 
use (as defined in section 1905(gg)) and 
covered outpatient drugs (as defined in 
subsection (k)(2) of section 1927 and in-
cluding nonprescription drugs described in 
subsection (d)(2) of such section) that are 
prescribed for purposes of promoting to-
bacco cessation in accordance with the 
guideline 
specified 
in 
section 
1905(gg)(2)(A) furnished during the pe-
riod beginning on the first day of the 
emergency period described in section 
1135(g)(1)(B) and ending on the last day 
of the 2-year period after the last day of 
such emergency period.’’. 
(c) EXCEPTION
FROM
OPTIONAL
RESTRICTION 
UNDER MEDICAID PRESCRIPTION DRUG COVERAGE.— 
Section 1927(d)(2)(F) of the Social Security Act (42 
U.S.C. 1396r–8(d)(2)(F)) is amended to read as follows: 
‘‘(F) Nonprescription drugs, except, in the 
case of— 
‘‘(i) 
pregnant 
women 
when 
rec-
ommended in accordance with the guide-
line specified in section 1905(bb)(2)(A), 
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agents approved by the Food and Drug 
Administration under the over-the-counter 
monograph process for purposes of pro-
moting tobacco cessation; and 
‘‘(ii) individuals who are eligible under 
the State plan when recommended in ac-
cordance with the Guideline referred to in 
section 1905(gg)(2)(A), agents approved 
by the Food and Drug Administration 
under the over-the-counter monograph 
process for purposes of promoting tobacco 
cessation (as defined in subsection (bb) 
during the period beginning on the first 
day of the emergency period described in 
section 1135(g)(1)(B) and ending on the 
last day of the 2-year period after the last 
day of such emergency period.’’. 
(d) STATE MONITORING AND PROMOTING OF COM-
PREHENSIVE TOBACCO CESSATION SERVICES UNDER 
MEDICAID.—Section 1902(a) of the Social Security Act 
(42 U.S.C. 1396a) is amended— 
(1) in paragraph (85), by striking at the end 
‘‘and’’; 
(2) in paragraph (86), by striking the period at 
the end and inserting ‘‘; and’’; and 
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(3) by inserting after paragraph (86) the fol-
lowing new paragraph: 
‘‘(87) during the period beginning on the first 
day of the emergency period described in section 
1135(g)(1)(B) and ending on the last day of the 2- 
year period after the last day of such emergency pe-
riod, provide for the State to monitor and promote 
the use of comprehensive tobacco cessation services 
under the State plan (including conducting an out-
reach campaign to increase awareness of the benefits 
of using such services) among— 
‘‘(A) individuals entitled to medical assist-
ance under the State plan who use tobacco 
products; and 
‘‘(B) clinicians and others who provide 
services to individuals entitled to medical assist-
ance under the State plan.’’. 
(e) FEDERAL REIMBURSEMENT FOR MEDICAID COV-
ERAGE AND OUTREACH CAMPAIGN.—Section 1903(a) of 
the Social Security Act (42 U.S.C. 1396b(a)) is amend-
ed— 
(1) in paragraph (7), by striking the period at 
the end and inserting ‘‘; plus’’; and 
(2) by inserting after paragraph (7) the fol-
lowing new paragraphs: 
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‘‘(8) during the period beginning on the first 
day of the emergency period described in section 
1135(g)(1)(B) and ending on the last day of the 2- 
year period after the last day of such emergency pe-
riod, an amount equal to 100 percent of the sums 
expended during each quarter which are attributable 
to 
the 
cost 
of 
furnishing 
counseling 
and 
pharmacotherapy for cessation of tobacco use by in-
dividuals who are eligible under the State plan as 
described in section 1905(a)(4)(E); plus 
‘‘(9) during the period described in paragraph 
(8), an amount equal to 100 percent of the sums ex-
pended during each quarter which are attributable 
to the development, implementation, and evaluation 
of an outreach campaign to— 
‘‘(A) increase awareness of comprehensive 
tobacco cessation services covered in the State 
plan among— 
‘‘(i) individuals who are likely to be el-
igible for medical assistance under the 
State plan; and 
‘‘(ii) clinicians and others who provide 
services to individuals who are likely to be 
eligible for medical assistance under the 
State plan; and 
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‘‘(B) increase awareness of the benefits of 
using comprehensive tobacco cessation services 
covered in the State plan among— 
‘‘(i) individuals who are likely to be el-
igible for medical assistance under the 
State plan; and 
‘‘(ii) clinicians and others who provide 
services to individuals who are likely to be 
eligible for medical assistance under the 
State plan about the benefits of using com-
prehensive tobacco cessation services.’’. 
(f) NO PRIOR AUTHORIZATION FOR TOBACCO CES-
SATION DRUGS UNDER MEDICAID.—Section 1927(d) of 
the Social Security Act (42 U.S.C. 1396r–8(d)) is amend-
ed— 
(1) in paragraph (1)(A), by striking ‘‘A State’’ 
and inserting ‘‘Subject to paragraph (8), a State’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(8) NO PRIOR AUTHORIZATION PROGRAMS FOR 
TOBACCO CESSATION DRUGS.—During the period be-
ginning on the first day of the emergency period de-
scribed in section 1135(g)(1)(B) and ending on the 
last day of the 2-year period after the last day of 
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such emergency period, a State plan may not re-
quire, as a condition of coverage or payment for a 
covered outpatient drug, the approval of an agent to 
promote smoking cessation (including agents ap-
proved by the Food and Drug Administration) or to-
bacco cessation.’’. 
SEC. 3. COVERAGE OF COMPREHENSIVE TOBACCO CES-
SATION SERVICES IN CHIP. 
(a) REQUIRING CHIP COVERAGE OF COUNSELING 
AND PHARMACOTHERAPY FOR CESSATION OF TOBACCO 
USE.— 
(1) IN
GENERAL.—Section 2103(c)(2) of the 
Social Security Act (42 U.S.C. 1397cc(c)(2)) is 
amended by adding at the end the following new 
subparagraph: 
‘‘(D) Counseling and pharmacotherapy for 
cessation of tobacco use by individuals who are 
eligible under the State child health plan during 
the period beginning on the first day of the 
emergency 
period 
described 
in 
section 
1135(g)(1)(B) and ending on the last day of 
the 2-year period after the last day of such 
emergency period.’’. 
(2) COUNSELING AND PHARMACOTHERAPY FOR 
CESSATION
OF
TOBACCO
USE
DEFINED.—Section 
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2110(c) of the Social Security Act (42 U.S.C. 
1397jj(c)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(10) COUNSELING
AND
PHARMACOTHERAPY 
FOR CESSATION OF TOBACCO USE.—The term ‘coun-
seling and pharmacotherapy for cessation of tobacco 
use’ means diagnostic, therapy, and counseling serv-
ices and pharmacotherapy (including the coverage of 
prescription and nonprescription tobacco cessation 
agents approved by the Food and Drug Administra-
tion) for the cessation of tobacco use by individuals 
who use tobacco products or who are being treated 
for tobacco use that are furnished— 
‘‘(A) by or under the supervision of a phy-
sician; 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 receive payment 
for other services under this title or is des-
ignated by the Secretary for this purpose; 
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which is recommended in the guideline entitled, 
‘Treating Tobacco Use and Dependence: 2008 
Update: A Clinical Practice Guideline’ pub-
lished by the Public Health Service in May 
2008 (or any subsequent modification of such 
guideline) or is recommended for the cessation 
of tobacco use by the U.S. Preventive Services 
Task Force or any additional intervention ap-
proved by the Food and Drug Administration 
as safe and effective in helping smokers quit.’’. 
(b) NO COST SHARING.—Section 2103(e) of the So-
cial Security Act (42 U.S.C. 1397cc(e)) is amended by 
adding at the end the following new paragraph: 
‘‘(5) NO
COST
SHARING
ON
BENEFITS
FOR 
COUNSELING
AND
PHARMACOTHERAPY
FOR
CES-
SATION OF TOBACCO USE.—The State child health 
plan may not impose deductibles, coinsurance, or 
other cost sharing with respect to benefits for coun-
seling and pharmacotherapy for cessation of tobacco 
use (as defined in section 2110(c)(10)) and prescrip-
tion drugs that are covered under a State child 
health plan that are prescribed for purposes of pro-
moting tobacco cessation in accordance with the 
guideline specified in section 2110(c)(10)(B) fur-
nished during the period beginning on the first day 
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of the emergency period described in section 
1135(g)(1)(B) and ending on the last day of the 2- 
year period after the last day of such emergency pe-
riod.’’. 
(c) EXCEPTION
FROM
OPTIONAL
RESTRICTION 
UNDER CHIP PRESCRIPTION DRUG COVERAGE.—Section 
2103 of the Social Security Act (42 U.S.C. 1397cc) is 
amended by adding at the end the following new sub-
section: 
‘‘(g) EXCEPTION FROM OPTIONAL RESTRICTION 
UNDER CHIP PRESCRIPTION DRUG COVERAGE.—The 
State child health plan may exclude or otherwise restrict 
nonprescription drugs, except, in the case of— 
‘‘(1) pregnant women when recommended in ac-
cordance with the guideline specified in section 
2110(c)(10)(B), agents approved by the Food and 
Drug Administration under the over-the-counter 
monograph process for purposes of promoting to-
bacco cessation; and 
‘‘(2) individuals who are eligible under the 
State child health plan when recommended in ac-
cordance with the Guideline referred to in section 
2110(c)(10)(B), agents approved by the Food and 
Drug Administration under the over-the-counter 
monograph process for purposes of promoting to-
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bacco cessation during the period beginning on the 
first day of the emergency period described in sec-
tion 1135(g)(1)(B) and ending on the last day of the 
2-year period after the last day of such emergency 
period.’’. 
(d) STATE MONITORING AND PROMOTING OF COM-
PREHENSIVE TOBACCO CESSATION SERVICES UNDER 
CHIP.—Section 2102 of the Social Security Act (42 
U.S.C. 1397bb) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(d) STATE MONITORING AND PROMOTING OF COM-
PREHENSIVE TOBACCO CESSATION SERVICES UNDER 
CHIP.—A State child health plan shall include a descrip-
tion of the procedures to be used by the State during the 
period beginning on the first day of the emergency period 
described in section 1135(g)(1)(B) and ending on the last 
day of the 2-year period after the last day of such emer-
gency period to monitor and promote the use of com-
prehensive tobacco cessation services under the State plan 
(including conducting an outreach campaign to increase 
awareness of the benefits of using such services) among— 
‘‘(1) individuals entitled to medical assistance 
under the State child health plan who use tobacco 
products; and 
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‘‘(2) clinicians and others who provide services 
to individuals entitled to medical assistance under 
the State child health plan.’’. 
(e) FEDERAL REIMBURSEMENT
FOR CHIP COV-
ERAGE AND OUTREACH CAMPAIGN.—Section 2105(a) of 
the Social Security Act (42 U.S.C. 1397ee(a)) is amended 
by adding at the end the following new paragraph: 
‘‘(5) FEDERAL
REIMBURSEMENT
FOR
CHIP 
COVERAGE
OF
COMPREHENSIVE
TOBACCO
CES-
SATION
SERVICES
AND
OUTREACH
CAMPAIGN.—In 
addition to the payments made under paragraph (1), 
during the period beginning on the first day of the 
emergency period described in section 1135(g)(1)(B) 
and ending on the last day of the 2-year period after 
the last day of such emergency period, the Secretary 
shall pay— 
‘‘(A) an amount equal to 100 percent of 
the sums expended during each quarter which 
are attributable to the cost of furnishing coun-
seling and pharmacotherapy for cessation of to-
bacco use by individuals who are eligible under 
the State child health plan; plus 
‘‘(B) an amount equal to 100 percent of 
the sums expended during each quarter which 
are attributable to the development, implemen-
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tation, and evaluation of an outreach campaign 
to— 
‘‘(i) increase awareness of comprehen-
sive tobacco cessation services covered in 
the State child health plan among— 
‘‘(I) individuals who are likely to 
be eligible for medical assistance 
under the State child health plan; and 
‘‘(II) clinicians and others who 
provide services to individuals who are 
likely to be eligible for medical assist-
ance under the State child health 
plan; and 
‘‘(ii) increase awareness of the bene-
fits of using comprehensive tobacco ces-
sation services covered in the State child 
health plan among— 
‘‘(I) individuals who are likely to 
be eligible for medical assistance 
under the State child health plan; and 
‘‘(II) clinicians and others who 
provide services to individuals who are 
likely to be eligible for medical assist-
ance under the State child health plan 
about the benefits of using com-
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prehensive tobacco cessation serv-
ices.’’. 
(f) NO PRIOR AUTHORIZATION FOR TOBACCO CES-
SATION DRUGS UNDER CHIP.—Section 2103 of the So-
cial Security Act (42 U.S.C. 1397cc), as amended by sub-
section (c), is further amended— 
(1) in subsection (c)(2)(A), by inserting ‘‘(in ac-
cordance with subsection (h)’’ after ‘‘Coverage of 
prescription drugs’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(h) NO PRIOR AUTHORIZATION PROGRAMS FOR TO-
BACCO CESSATION DRUGS.—During the period beginning 
on the first day of the emergency period described in sec-
tion 1135(g)(1)(B) and ending on the last day of the 2- 
year period after the last day of such emergency period, 
a State child health plan may not require, as a condition 
of coverage or payment for a prescription drugs, the ap-
proval of an agent to promote smoking cessation (includ-
ing agents approved by the Food and Drug Administra-
tion) or tobacco cessation.’’. 
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SEC. 4. RULE OF CONSTRUCTION. 
None of the amendments made by this Act shall be 
construed to limit coverage of any counseling or 
pharmacotherapy for individuals under 18 years of age. 
Æ 
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