S.Amdt. 1266

SA 1266. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to
protect the public health by providing the Food and Drug Administration
with certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. HEALTHY BEHAVIOR INCENTIVE PROGRAMS.

(a) Medicaid State Plan Amendment.--Section 1902 of the
Social Security Act (42 U.S.C. 1396a) is amended--
(1) in subsection (a)--
(A) in paragraph (72), by striking ``and'' at the end;
(B) in paragraph (73), by striking the period at the end
and inserting ``; and''; and
(C) by inserting after paragraph (73), the following new
paragraph:
``(74) provide that, not later than October 1, 2011, the
State shall provide assurances to the Secretary that the
State has in effect a program described in subsection (gg) to
reward and encourage individuals determined to be eligible
for medical assistance under the plan to reduce or eliminate
their use of tobacco products.''; and
(2) by adding at the end the following new subsection:
``(gg)(1) For purposes of subsection (a)(74), a program
described in this subsection is a program under which the
State--
``(A) provides incentives to reward individuals determined
to be eligible for medical assistance under the State plan
who agree to participate in the program and successfully
refrain from tobacco use;
``(B) notwithstanding any other provision of this title,
may elect with respect to individuals determined to be
eligible for medical assistance under the State plan who have
attained age 19 but not attained age 65, to condition the
individual's enrollment in the State plan on participating in
the program;
``(C) notwithstanding any other provision of this title,
may elect to vary the amount, duration, or scope of the
medical assistance provided under the State plan, or to
impose cost-sharing without regard to sections 1916 or 1916A,
in such manner as the State determines is likely to be
effective in reducing the use of tobacco products by
individuals eligible for medical assistance under the State
plan; and
``(D) agrees to provide the Secretary with such information
as the Secretary requires for purposes of producing the State
rankings required under paragraph (2).
``(2) Not later than December 31, 2012, the Secretary shall
rank the States with respect to their efforts to reduce the
use of tobacco products among individuals who have been
determined to be eligible for medical assistance under State
plans under this title and among individuals who have been
determined to be eligible for child health assistance or
other health benefits under a State child health plan under
title XXI.''.
(b) Application to the State Children's Health Insurance
Program.--Section 2107(e)(1) of the Social Security Act (42
U.S.C. 1397gg(e)(1)) is amended--
(1) by redesignating subparagraphs (D) through (L) as
subparagraphs (E) through (M), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph:
``(D) Section 1902(a)(74) (relating to an incentive program
for the reduction or elimination of the use of tobacco
products).''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section take effect on October 1,
2009.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX or a State child
health plan under XXI of the Social Security Act, which the
Secretary of Health and Human Services determines requires
State legislation in order for the plan to meet the
additional requirements imposed by the amendments made by
this section, the State plan shall not be regarded as failing
to comply with the requirements of such title solely on the
basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of the
session is considered to be a separate regular session of the
State legislature.
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