,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gbhf ,,in ,,the ,,house ,,of ,,representatives ,june #bb1 #bjbj ,ms4 ,blunt ,rochester 7for herself1 ,ms4 ,de,gette1 ,mr4 ,soto1 ,mr4 ,engel1 and ,ms4 ,barragn7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend title ,,xix and ,,xxi of the ,social ,security ,act to provide coverage of comprehensive tobacco cessation services under such titles1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,quit ,because of ,,covid-#ai ,act4 #b4 ,coverage of comprehensive tobacco cessation services in ,medicaid 7a7 ,requiring ,medicaid coverage of counseling and pharmacotherapy for cessation of tobacco use ,section #aije of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;d7 is amended-- 7#a7 in subsection 7a77#d7-- 7,a7 in subparagraph 7,d71 by striking and2 and 7,b7 by inserting before the semicolon the following3 2 and 7,e7 counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the ,state plan 7as defined in subsection 7gg77 during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period2 7#b7 by adding at the end the following new subsection3 7gg7 ,for purposes of this title1 the term counseling and pharmacotherapy for cessation of tobacco use means diagnostic1 therapy1 and counseling services and pharmacotherapy 7including the coverage of prescription and nonprescription tobacco cessation agents approved by the ,food and ,drug ,administration7 for the cessation of tobacco use by individuals who use tobacco products or who are being treated for tobacco use that are furnished-- 7#a7 by or under the supervision of a physician2 or 7#b7 by any other health care professional who-- 7,a7 is legally authorized to furnish such services under ,state law 7or the ,state regulatory mechanism provided by ,state law7 of the ,state in which the services are furnished2 and 7,b7 is authorized to receive payment for other services under this title or is designated by the ,secretary for this purpose2 which is recommended in the guideline entitled1 ,treating ,tobacco ,use and ,dependence3 #bjjh ,update3 ,a ,clinical ,practice ,guideline published by the ,public ,health ,service in ,may #bjjh 7or any subsequent modification of such guideline7 or is recommended for the cessation of tobacco use by the ,u4,s4 ,preventive ,services ,task ,force or any additional intervention approved by the ,food and ,drug ,administration as safe and effective in helping smokers quit4 4 7b7 ,no cost sharing 7#a7 ,in general ,subsections 7a77#b7 and 7b77#b7 of section #aiaf of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo7 are each amended-- 7,a7 in subparagraph 7,f71 by striking or at the end2 7,b7 in subparagraph 7,g71 by striking 2 and and inserting 1 or 2 and 7,c7 by adding at the end the following new subparagraph3 7,h7 counseling and pharmacotherapy for cessation of tobacco use 7as defined in section #aije7;gg77 and covered outpatient drugs 7as defined in subsection 7k77#b7 of section #aibg and including nonprescription drugs described in subsection 7d77#b7 of such section7 that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section #aije7;gg77#b77;,a7 furnished during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period2 and 4 7#b7 ,application to alternative cost sharing ,section #aiaf;,a7b77#c77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifo-#a7;b77#c77;,b77 is amended by adding at the end the following new clause3 7xii7 ,counseling and pharmacotherapy for cessation of tobacco use 7as defined in section #aije7;gg77 and covered outpatient drugs 7as defined in subsection 7k77#b7 of section #aibg and including nonprescription drugs described in subsection 7d77#b7 of such section7 that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section #aije7;gg77#b77;,a7 furnished during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period4 4 7c7 ,exception from optional restriction under ,medicaid prescription drug coverage ,section #aibg7;d77#b77;,f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;d77#b77;,f77 is amended to read as follows3 7,f7 ,nonprescription drugs1 except1 in the case of-- 7i7 pregnant women when recommended in accordance with the guideline specified in section #aije7;bb77#b77;,a71 agents approved by the ,food and ,drug ,administration under the over-the-counter monograph process for purposes of promoting tobacco cessation2 and 7ii7 individuals who are eligible under the ,state plan when recommended in accordance with the ,guideline referred to in section #aije7;gg77#b77;,a71 agents approved by the ,food and ,drug ,administration under the over-the-counter monograph process for purposes of promoting tobacco cessation 7as defined in subsection 7bb7 during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period4 4 7d7 ,state monitoring and promoting of comprehensive tobacco cessation services under ,medicaid ,section #aijb7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;a7 is amended-- 7#a7 in paragraph 7#he71 by striking at the end and2 7#b7 in paragraph 7#hf71 by striking the period at the end and inserting 2 and2 and 7#c7 by inserting after paragraph 7#hf7 the following new paragraph3 7#hg7 during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period1 provide for the ,state to monitor and promote the use of comprehensive tobacco cessation services under the ,state plan 7including conducting an outreach campaign to increase awareness of the benefits of using such services7 among-- 7,a7 individuals entitled to medical assistance under the ,state plan who use tobacco products2 and 7,b7 clinicians and others who provide services to individuals entitled to medical assistance under the ,state plan4 4 7e7 ,federal reimbursement for ,medicaid coverage and outreach campaign ,section #aijc7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acif;b7a77 is amended-- 7#a7 in paragraph 7#g71 by striking the period at the end and inserting 2 plus2 and 7#b7 by inserting after paragraph 7#g7 the following new paragraphs3 7#h7 during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period1 an amount equal to #ajj percent of the sums expended during each quarter which are attributable to the cost of furnishing counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the ,state plan as described in section #aije7;a77#d77;,e72 plus 7#i7 during the period described in paragraph 7#h71 an amount equal to #ajj percent of the sums expended during each quarter which are attributable to the development1 implementation1 and evaluation of an outreach campaign to-- 7,a7 increase awareness of comprehensive tobacco cessation services covered in the ,state plan among-- 7i7 individuals who are likely to be eligible for medical assistance under the ,state plan2 and 7ii7 clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the ,state plan2 and 7,b7 increase awareness of the benefits of using comprehensive tobacco cessation services covered in the ,state plan among-- 7i7 individuals who are likely to be eligible for medical assistance under the ,state plan2 and 7ii7 clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the ,state plan about the benefits of using comprehensive tobacco cessation services4 4 7f7 ,no prior authorization for tobacco cessation drugs under ,medicaid ,section #aibg7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acifr-#h7;d77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking ,a ,state and inserting ,subject to paragraph 7#h71 a ,state2 and 7#b7 by adding at the end the following new paragraph3 7#h7 ,no prior authorization programs for tobacco cessation drugs ,during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period1 a ,state plan may not require1 as a condition of coverage or payment for a covered outpatient drug1 the approval of an agent to promote smoking cessation 7including agents approved by the ,food and ,drug ,administration7 or tobacco cessation4 4 #c4 ,coverage of comprehensive tobacco cessation services in ,,chip 7a7 ,requiring ,,chip coverage of counseling and pharmacotherapy for cessation of tobacco use 7#a7 ,in general ,section #bajc7;c77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7c77#b77 is amended by adding at the end the following new subparagraph3 7,d7 ,counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the ,state child health plan during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period4 4 7#b7 ,counseling and pharmacotherapy for cessation of tobacco use defined ,section #baaj7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;jj7c77 is amended by adding at the end the following new paragraph3 7#aj7 ,counseling and pharmacotherapy for cessation of tobacco use ,the term counseling and pharmacotherapy for cessation of tobacco use means diagnostic1 therapy1 and counseling services and pharmacotherapy 7including the coverage of prescription and nonprescription tobacco cessation agents approved by the ,food and ,drug ,administration7 for the cessation of tobacco use by individuals who use tobacco products or who are being treated for tobacco use that are furnished-- 7,a7 by or under the supervision of a physician2 or 7,b7 by any other health care professional who-- 7i7 is legally authorized to furnish such services under ,state law 7or the ,state regulatory mechanism provided by ,state law7 of the ,state in which the services are furnished2 and 7ii7 is authorized to receive payment for other services under this title or is designated by the ,secretary for this purpose2 which is recommended in the guideline entitled1 ,treating ,tobacco ,use and ,dependence3 #bjjh ,update3 ,a ,clinical ,practice ,guideline published by the ,public ,health ,service in ,may #bjjh 7or any subsequent modification of such guideline7 or is recommended for the cessation of tobacco use by the ,u4,s4 ,preventive ,services ,task ,force or any additional intervention approved by the ,food and ,drug ,administration as safe and effective in helping smokers quit4 4 7b7 ,no cost sharing ,section #bajc7;e7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7e77 is amended by adding at the end the following new paragraph3 7#e7 ,no cost sharing on benefits for counseling and pharmacotherapy for cessation of tobacco use ,the ,state child health plan may not impose deductibles1 coinsurance1 or other cost sharing with respect to benefits for counseling and pharmacotherapy for cessation of tobacco use 7as defined in section #baaj7;c77#aj77 and prescription drugs that are covered under a ,state child health plan that are prescribed for purposes of promoting tobacco cessation in accordance with the guideline specified in section #baaj7;c77#aj77;,b7 furnished during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period4 4 7c7 ,exception from optional restriction under ,,chip prescription drug coverage ,section #bajc of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc7 is amended by adding at the end the following new subsection3 7g7 ,exception from optional restriction under ,,chip prescription drug coverage ,the ,state child health plan may exclude or otherwise restrict nonprescription drugs1 except1 in the case of-- 7#a7 pregnant women when recommended in accordance with the guideline specified in section #baaj7;c77#aj77;,b71 agents approved by the ,food and ,drug ,administration under the over-the-counter monograph process for purposes of promoting tobacco cessation2 and 7#b7 individuals who are eligible under the ,state child health plan when recommended in accordance with the ,guideline referred to in section #baaj7;c77#aj77;,b71 agents approved by the ,food and ,drug ,administration under the over-the-counter monograph process for purposes of promoting tobacco cessation during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period4 4 7d7 ,state monitoring and promoting of comprehensive tobacco cessation services under ,,chip ,section #bajb of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;bb7 is amended by adding at the end the following new subsection3 7d7 ,state monitoring and promoting of comprehensive tobacco cessation services under ,,chip ,a ,state child health plan shall include a description of the procedures to be used by the ,state during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period to monitor and promote the use of comprehensive tobacco cessation services under the ,state plan 7including conducting an outreach campaign to increase awareness of the benefits of using such services7 among-- 7#a7 individuals entitled to medical assistance under the ,state child health plan who use tobacco products2 and 7#b7 clinicians and others who provide services to individuals entitled to medical assistance under the ,state child health plan4 4 7e7 ,federal reimbursement for ,,chip coverage and outreach campaign ,section #baje7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;ee7a77 is amended by adding at the end the following new paragraph3 7#e7 ,federal reimbursement for ,,chip coverage of comprehensive tobacco cessation services and outreach campaign ,in addition to the payments made under paragraph 7#a71 during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period1 the ,secretary shall pay-- 7,a7 an amount equal to #ajj percent of the sums expended during each quarter which are attributable to the cost of furnishing counseling and pharmacotherapy for cessation of tobacco use by individuals who are eligible under the ,state child health plan2 plus 7,b7 an amount equal to #ajj percent of the sums expended during each quarter which are attributable to the development1 implementation1 and evaluation of an outreach campaign to-- 7i7 increase awareness of comprehensive tobacco cessation services covered in the ,state child health plan among-- 7,i7 individuals who are likely to be eligible for medical assistance under the ,state child health plan2 and 7,,ii7 clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the ,state child health plan2 and 7ii7 increase awareness of the benefits of using comprehensive tobacco cessation services covered in the ,state child health plan among-- 7,i7 individuals who are likely to be eligible for medical assistance under the ,state child health plan2 and 7,,ii7 clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the ,state child health plan about the benefits of using comprehensive tobacco cessation services4 4 7f7 ,no prior authorization for tobacco cessation drugs under ,,chip ,section #bajc of the ,social ,security ,act 7#db ,u4,s4,c4 #acig;cc71 as amended by subsection 7c71 is further amended-- 7#a7 in subsection 7c77#b77;,a71 by inserting 7in accordance with subsection 7h7 after ,coverage of prescription drugs2 and 7#b7 by adding at the end the following new subsection3 7h7 ,no prior authorization programs for tobacco cessation drugs ,during the period beginning on the first day of the emergency period described in section #aace7;g77#a77;,b7 and ending on the last day of the #b-year period after the last day of such emergency period1 a ,state child health plan may not require1 as a condition of coverage or payment for a prescription drugs1 the approval of an agent to promote smoking cessation 7including agents approved by the ,food and ,drug ,administration7 or tobacco cessation4 4 #d4 ,rule of construction ,none of the amendments made by this ,act shall be construed to limit coverage of any counseling or pharmacotherapy for individuals under #ah years of age4