S 622 IS

To amend titles V, XVIII, and XIX of the Social Security Act to promote tobacco cessation under the medicare program, the medicaid program, and maternal and child health services block grant program.

March 27, 2001

Mr. DURBIN (for himself, Mr. BROWNBACK, Mr. GRAHAM, and Mr. BINGAMAN) introduced the following bill; which was read twice and referred to the Committee on Finance

To amend titles V, XVIII, and XIX of the Social Security Act to promote tobacco cessation under the medicare program, the medicaid program, and maternal and child health services block grant program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Medicare, Medicaid, and MCH Tobacco Cessation Promotion Act of 2001'.

SEC. 2. MEDICARE COVERAGE OF COUNSELING FOR CESSATION OF TOBACCO USE.

(a) COVERAGE- Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 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 inserting `and' at the end; and

(3) by adding at the end the following new subparagraph:

`(W) counseling for cessation of tobacco use (as defined in subsection (ww));'.

(b) SERVICES DESCRIBED- Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105(b) 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 by adding at the end the following new subsection:

`Counseling for Cessation of Tobacco Use

`(ww) The term `counseling for cessation of tobacco use' means the following:

`(1)(A) Counseling for cessation of tobacco use for individuals who have a history of tobacco use.

`(B) For purposes of subparagraph (A), the term `counseling for cessation of tobacco use' means diagnostic, therapy, and counseling services for cessation of tobacco use which are furnished--

`(i) by or under the supervision of a physician; or

`(ii) by any other health care professional who 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,

as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service.

`(C) The term `counseling for cessation of tobacco use' does not include coverage for drugs or biologicals that are not otherwise covered under this title.'.

(c) PAYMENT AND ELIMINATION OF COST-SHARING FOR COUNSELING FOR CESSATION OF TOBACCO USE-

(1) PAYMENT AND ELIMINATION OF COINSURANCE- Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)), as amended by section 223(c) 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--

(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 each service'.

(2) ELIMINATION OF COINSURANCE IN OUTPATIENT HOSPITAL SETTINGS- The third sentence of section 1866(a)(2)(A) of the Social Security 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)),'.

(3) ELIMINATION OF DEDUCTIBLE- The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended--

(A) by striking `and' before `(6)'; and

(B) by inserting before the period the following: `, and (7) such deductible shall not apply 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 the date that is 1 year after the date of enactment of this Act.

SEC. 3. PROMOTING CESSATION OF TOBACCO USE UNDER THE MEDICAID PROGRAM.

(a) DROPPING EXCEPTION FROM MEDICAID PRESCRIPTION DRUG COVERAGE FOR TOBACCO 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);

(2) by redesignating subparagraphs (F) through (J) as subparagraphs (E) through (I), respectively; and

(3) in subparagraph (F) (as redesignated by paragraph (2)), by inserting before the period at the end the following: `except agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco cessation'.

(b) REQUIRING COVERAGE OF TOBACCO CESSATION COUNSELING SERVICES FOR PREGNANT WOMEN- Section 1902(e)(5) of the Social Security Act (42 U.S.C. 1396a(e)(5)) is amended by adding at the end the following new sentence: `Such medical assistance shall include counseling for cessation of tobacco use (as defined in section 1861(ww)).'.

(c) REMOVAL OF COST-SHARING FOR TOBACCO CESSATION COUNSELING SERVICES FOR PREGNANT WOMEN- Section 1916 of the Social Security Act (42 U.S.C. 1396o) is amended, in each of subsections (a)(2)(B) and (b)(2)(B), by inserting `, and counseling for cessation of tobacco use (as defined in section 1861(ww))' after `complicate the pregnancy'.

(d) EFFECTIVE DATE- The amendments made by this section shall apply to services furnished on or after the date that is 1 year after the date of enactment of this Act.

SEC. 4. PROMOTING CESSATION OF TOBACCO USE UNDER THE MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT PROGRAM.

(a) QUALITY MATERNAL AND CHILD HEALTH SERVICES INCLUDES TOBACCO 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, the term `maternal and child health services' includes counseling for cessation of tobacco use (as defined in section 1861(ww)), any drug or biological used to promote tobacco cessation, and any health promotion counseling that includes an antitobacco use message.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act.

END