S.Amdt. 90

SA 90. Mr. CARPER (for himself, Mr. Durbin, and Mr. Blumenthal)
submitted an amendment intended to be proposed by him to the concurrent
resolution S. Con. Res. 3, setting forth the congressional budget for
the United States Government for fiscal year 2017 and setting forth the
appropriate budgetary levels for fiscal years 2018 through 2026; which
was ordered to lie on the table; as follows:

At the end of title IV, add the following:

SEC. 4__. POINT OF ORDER AGAINST LEGISLATION THAT WOULD
RESULT IN A REDUCTION IN TOBACCO CESSATION
COVERAGE UNDER MEDICAID OR PRIVATE INSURANCE
PLANS.

(a) Findings.--The Senate finds the following:

[[Page S217]]

(1) Tobacco use is the leading cause of preventable deaths
in the United States.
(2) Each year, tobacco use leads to $170,000,000,000 in
healthcare spending on illness caused by tobacco use and
$150,000,000,000 in lost productivity.
(3) Tobacco use is more than twice as common among the
overall Medicaid population (including individuals covered
under the Medicaid expansion added by the Affordable Care
Act) than among individuals with private insurance coverage.
(4) The Affordable Care Act--
(A) requires that State Medicaid plans cover tobacco
cessation services for pregnant women and individuals covered
under the Medicaid expansion with no cost-sharing;
(B) requires that private health insurance plans cover
tobacco cessation products and services without cost-sharing;
and
(C) prohibits the exclusion of tobacco cessation drugs from
coverage under Medicaid.
(5) Expanded coverage for tobacco cessation leads to better
health outcomes and lower health costs.
(b) Point of Order.--It shall not be in order in the Senate
to consider any bill, joint resolution, motion, amendment,
amendment between the Houses, or conference report that would
result in a reduction in the coverage of items and services
related to the cessation of tobacco under the Medicaid
program or private insurance plans.
(c) Waiver and Appeal.--Subsection (b) may be waived or
suspended in the Senate only by an affirmative vote of three-
fifths of the Members, duly chosen and sworn. An affirmative
vote of three-fifths of the Members of the Senate, duly
chosen and sworn, shall be required to sustain an appeal of
the ruling of the Chair on a point of order raised under
subsection (b).
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