S.Amdt. 3076

SA 3076. Mr. DURBIN (for himself and Mr. Sanders) submitted an
amendment intended to be proposed to amendment SA 2786 proposed by Mr.
Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill
H.R. 3590, to amend the Internal Revenue Code of 1986 to modify the
first-time homebuyers credit in the case of members of the Armed Forces
and certain other Federal employees, and for other purposes; which was
ordered to lie on the table; as follows:

Strike section 4107 and insert the following:

SEC. 4107. COVERAGE OF COMPREHENSIVE TOBACCO CESSATION
SERVICES IN MEDICAID.

(a) Requiring Coverage of Counseling and Pharmacotherapy
for Cessation of Tobacco Use.--Section 1905 of the Social
Security Act (42 U.S.C. 1396d), as amended by sections
2001(a)(3)(B) and 2303, is further amended--
(1) in subsection (a)(4)--
(A) by striking ``and'' before ``(C)''; and
(B) by inserting before the semicolon at the end the
following new subparagraph: ``; and (D) counseling and
pharmacotherapy for cessation of tobacco use (as defined in
subsection (bb))''; and
(2) by adding at the end the following:
``(bb)(1) For purposes of this title, the term `counseling
and pharmacotherapy for cessation of tobacco use' means
diagnostic, therapy, and counseling services and
pharmacotherapy (including the coverage of prescription and
nonprescription tobacco cessation agents approved by the Food
and Drug Administration) for cessation of tobacco use by
individuals who use tobacco products or who are being treated
for tobacco use that is furnished--
``(A) by or under the supervision of a physician; 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 designated by the Secretary for this
purpose.
``(2) Subject to paragraph (3), such term is limited to--
``(A) services recommended with respect to individuals in
`Treating Tobacco Use and Dependence: 2008 Update: A Clinical
Practice Guideline', published by the Public Health Service
in May 2008, or any subsequent modification of such
Guideline; and
``(B) such other services that the Secretary recognizes to
be effective for cessation of tobacco use.
``(3) Such term shall not include coverage for drugs or
biologicals that are not otherwise covered under this
title.''.
(b) 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)), as
redesignated by section 2502(a), is amended by inserting
before the period at the end the following: ``, except when
recommended in accordance with the Guideline referred to in
section 1905(bb)(2)(A), agents approved by the Food and Drug
Administration under the over-the-counter monograph process
for purposes of promoting, and when used to promote, tobacco
cessation''.
(c) Removal of Cost-Sharing for Counseling and
Pharmacotherapy for Cessation of Tobacco Use.--
(1) General cost-sharing limitations.--Section 1916 of the
Social Security Act (42 U.S.C. 1396o) is amended in each of
subsections (a)(2)(D) and (b)(2)(D) by inserting ``and
counseling and pharmacotherapy for cessation of tobacco use
(as defined in section 1905(bb)) and covered outpatient drugs
(as defined in subsection (k)(2) of section 1927 and
including nonprescription drugs described in subsection
(d)(2) of such section) that are prescribed for purposes of
promoting, and when used to promote, tobacco cessation in
accordance with the Guideline referred to in section
1905(bb)(2)(A)'' after ``section 1905(a)(4)(C),''.
(2) Application to alternative cost-sharing.--Section
1916A(b)(3)(B) of such Act (42 U.S.C. 1396o-1(b)(3)(B)) is
amended by adding at the end the following:
``(xi) Counseling and pharmacotherapy for cessation of
tobacco use (as defined in section 1905(bb)) and covered
outpatient drugs (as defined in subsection (k)(2) of section
1927 and including nonprescription drugs described in
subsection (d)(2) of such section) that are prescribed for
purposes of promoting, and when used to promote, tobacco
cessation in accordance with the Guideline referred to in
section 1905(bb)(2)(A).''.
(d) Effective Date.--The amendments made by this section
shall take effect on October 1, 2010.
______