S.Amdt. 3914

1. Adds SEC. __. PROMOTING CESSATION OF TOBACCO USE BY PREGNANT WOMEN UNDER THE MEDICAID PROGRAM wherever appropriate

   Adds a section

   Inserted: SEC. __. PROMOTING CESSATION OF TOBACCO USE BY PREGNANT WOMEN UNDER THE MEDICAID PROGRAM.

   Inserted: (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--

   Inserted: (1) by striking subparagraph (E);

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

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

   Inserted: (b) Requiring Coverage of Tobacco Cessation Counseling Services for Pregnant Women.--Section 1905 of the Social Security Act (42 U.S.C. 1396d(a)(4)) is amended--

   Inserted: (1) in subsection (a)(4)--

   Inserted: (A) by striking "and" before "(C)"; and

   Inserted: (B) by inserting before the semicolon at the end the following new subparagraph: "; and (D) counseling for cessation of tobacco use (as defined in subsection (y)) for pregnant women"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(y)(1) For purposes of this title, the term 'counseling for cessation of tobacco use' means therapy and counseling for cessation of tobacco use for pregnant women who use tobacco products or who are being treated for tobacco use that is furnished--

   Inserted: "(A) by or under the supervision of a physician; or

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   Inserted: "(B) by any other health care professional who--

   Inserted: "(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

   Inserted: "(ii) is authorized to receive payment for other services under this title or is designated by the Secretary for this purpose.

   Inserted: "(2) Subject to paragraph (3), such term is limited to--

   Inserted: "(A) therapy and counseling services recommended in 'Treating Tobacco Use and Dependence: A Clinical Practice Guideline', published by the Public Health Service in June 2000, or any subsequent modification of such Guideline; and

   Inserted: "(B) such other therapy and counseling services that the Secretary recognizes to be effective.

   Inserted: "(3) Such term shall not include coverage for drugs or biologicals that are not otherwise covered under this title.".

   Inserted: (c) Removal of Cost Sharing for Tobacco Cessation Counseling Services for Pregnant Women.--

   Inserted: (1) General cost sharing protections.--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 1905(y))" after "complicate the pregnancy".

   Inserted: (2) Alternative cost sharing.--Section 1916A(b)(3)(B)(iii) of such Act (42 U.S.C. 1396o-1(b)(3)(B)(iii)) is amended by inserting "or to counseling for cessation of tobacco use (as defined in section 1905(y))" after ""complicate the pregnancy".

   Inserted: (d) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to services furnished on or after that date.

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   Original wording

   At the appropriate place, insert the following:

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As printed