I 
111TH CONGRESS 
1ST SESSION H. R. 1850 
To amend titles V, XVIII, and XIX of the Social Security Act to promote 
tobacco use cessation under the Medicare Program, the Medicaid Pro-
gram, and the maternal and child health program. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2009 
Ms. DEGETTE (for herself and Mr. PLATTS) 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 subse-
quently 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 tobacco use 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 ‘‘Quit Smoking for Life 
Act of 2009’’. 
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‘‘(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; ELIMINATION OF DEDUCTIBLE.— 
(1) PAYMENT.—Section 1833(a)(1) of such Act 
(42 U.S.C. 1395l(a)(1)) is amended— 
(A) by striking ‘‘and’’ before ‘‘(W)’’; and 
(B) by inserting before the semicolon at 
the end the following: ‘‘, and (X) with respect 
to counseling for cessation of tobacco use (as 
defined in section 1861(hhh)), the amount paid 
shall be 80 percent of the lesser of the actual 
charge for the service or the amount determined 
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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 ‘‘(9)’’; and 
(B) by inserting before the period the fol-
lowing: ‘‘, and (10) such deductible shall not 
apply with respect to counseling for cessation of 
tobacco use (as defined in section 1861(hhh))’’. 
(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 
TOBACCO 
CESSATION 
PHARMACOTHERAPY UNDER THE MEDICARE 
PROGRAM. 
(a) INCLUSION OF TOBACCO CESSATION AGENTS AS 
COVERED DRUGS.—Section 1860D–2(e)(1) of the Social 
Security Act (42 U.S.C. 1395w–102(e)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘or’’ after 
the semicolon at the end; 
(2) in subparagraph (B), by striking the comma 
at the end and inserting ‘‘; or’’; and 
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(3) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) any agent approved by the Food and 
Drug Administration for purposes of promoting, 
and when used to promote, tobacco use ces-
sation that may be dispensed without a pre-
scription (commonly referred to as an ‘over-the- 
counter’ drug), but only if such an agent is pre-
scribed by a physician (or other person author-
ized to prescribe under State law),’’. 
(b) ESTABLISHMENT OF CATEGORIES AND CLASSES 
CONSISTING OF TOBACCO CESSATION AGENTS.—Section 
1860D–4(b)(3)(C) of the Social Security Act (42 U.S.C. 
1395w–104(b)(3)(C)) is amended by adding at the end the 
following new clause: 
‘‘(iv) CATEGORIES
AND
CLASSES
OF 
TOBACCO
CESSATION
AGENTS.—There 
shall be a therapeutic category or class of 
covered part D drugs consisting of agents 
approved by the Food and Drug Adminis-
tration for cessation of tobacco use. Such 
category or class shall include tobacco ces-
sation agents described in subparagraphs 
(A) and (C) of section 1860D–2(e)(1).’’. 
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SEC. 4. COVERAGE OF COUNSELING AND MEDICATION FOR 
CESSATION OF TOBACCO USE UNDER THE 
MEDICAID PROGRAM. 
(a) DROPPING EXCEPTION FROM MEDICAID PRE-
SCRIPTION DRUG COVERAGE FOR TOBACCO USE CES-
SATION MEDICATIONS.— 
(1) IN GENERAL.—Section 1927(d)(2) of the 
Social Security Act (42 U.S.C. 1396r–8(d)(2)) is 
amended— 
(A) by striking subparagraph (E); 
(B) by redesignating subparagraph (F) 
through (K) as subparagraphs (E) through (J), 
respectively; and 
(C) in subparagraph (F), as so redesig-
nated, by inserting before the period at the end 
the following: ‘‘, other than agents approved by 
the Food and Drug Administration for purposes 
of promoting, and when used to promote, to-
bacco use cessation (regardless, for purposes of 
this title only, of whether such agents may be 
dispensed only upon prescription or may be dis-
pensed without a prescription (commonly re-
ferred to as an ‘over-the-counter’ drug), but 
only if such an agent is prescribed by a physi-
cian (or other person authorized to prescribe 
under State law))’’. 
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(2) 
CONFORMING
AMENDMENT.—Section 
1860D–2(e)(2)(A) of the Social Security Act (42 
U.S.C. 1395w–102(e)(2)(A)) is amended by striking 
‘‘, other than subparagraph (E) of such section (re-
lating to smoking cessation agents),’’. 
(b) REQUIRING COVERAGE OF TOBACCO USE CES-
SATION COUNSELING.—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(hhh));’’. 
(c) TREATMENT OF TOBACCO CESSATION SERVICES 
AND MEDICATIONS
AS SERVICES RELATED
TO PREG-
NANCY.—Section 1905 of such Act is amended by adding 
at the end the following new subsection: 
‘‘(y) Services described in subsection (a)(4)(D) shall 
be treated as services related to pregnancy with respect 
to women during pregnancy (and during the 60-day period 
beginning on the last day of the pregnancy).’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to items and 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. 
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