,i  #aagth ,,congress  #ast ,session    
,h4 ,r4 #bahe  ,,in ,,the ,,house ,,of  
,,representatives  ,march #bf1 #bjba    
,ms4 ,blunt ,rochester 7for herself1    
,ms4 ,lee of ,california1 ,ms4 ,kelly of
 ,illinois1 ,ms4 ,williams of ,georgia1 
and ,mrs4 ,hayes7 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 by
 amending subsection 7a77#d77;,d7 to    
read as follows3 7,d7 counseling and    

pharmacotherapy for cessation of tobacco
 use by individuals who are eligible    
under the ,state plan 7as defined in    
subsection 7hh772 and  7#b7 by adding at
 the end the following new subsection3  
7hh7 ,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 by repealing subparagraph 7,b72    
7,b7 in subparagraph 7,f71 by striking  
or at the end2  7,c7 in subparagraph    
7,g71 by striking 2 and and inserting 1 
or2 and  7,d7 by adding at the end the  

following new subparagraph3  7,h7       
counseling and pharmacotherapy for      
cessation of tobacco use 7as defined in 
section #aije7;hh77 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;hh72 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--  7,a7 by repealing clause     
7iii72 and  7,b7 by adding at the end   
the following new clause3  7xii7        
,counseling and pharmacotherapy for     
cessation of tobacco use 7as defined in 
section #aije7;hh77 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;hh74  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 individuals who are eligible    
under the ,state plan when recommended  
in accordance with the ,guideline       
referred to in section #aije7;hh71      
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 7hh774  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 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
 with respect to counseling and         
pharmacotherapy for cessation of tobacco
 use by individuals who are eligible    
under the ,state plan--  7,a7 for       
calendar quarters occurring during the  
period beginning on the date of the     
enactment of this paragraph and ending  
#b years after the last day of the      
emergency period described in section   
#aace7;g77#a77;,b71 an amount equal to  
#ajj percent of the sums expended during
 each quarter which are attributable to 
the cost of furnishing such counseling  
and pharmacotherapy2 and  7,b7 for      
calendar quarters occurring after the   
period described in subparagraph 7,a71  
an amount equal to ,federal medical     
assistance percentage determined under  
section #aije7;b7 of the sums expended  
during each quarter which are so        
attributable2 plus  7#i7 with respect 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 services2  for calendar       
quarters occurring during the period    
beginning on the date of the enactment  
of this paragraph and ending on #b years
 after the last day of the emergency    

period described in section             
#aace7;g77#a77;,b71 an amount equal to  
#ajj percent of the sums expended during
 each quarter which are attributable to 
such development1 implementation1 and   
evaluation1 and for calendar quarters   
succeeding such period1 an amount equal 
to ,federal medical assistance          
percentage determined under section     
#aije7;b7 of the sums expended during   
each quarter which are so attributable4 
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 ,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 plan4  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;,b74  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 cessation4  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 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#a7 for calendar  
quarters occurring during the period    
beginning on the date of the enactment  
of this paragraph and ending on #b years
 after the last day of the emergency    
period described in section             
#aace7;g77#a77;,b71 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 ,a ,state child health  
plan may not require1 as a condition of 
coverage or payment for a prescription  
drug1 the approval of an agent to       
promote smoking cessation 7including    
agents approved by the ,food and ,drug  
,administration7 or tobacco cessation4  
4  #d4 ,exclusion of enhanced payments  
from territorial caps ,notwithstanding  

any other provision of law1 for purposes
 of section #aajh of the ,social        
,security ,act 7#db ,u4,s4,c4 #acjh71   
with respect to any additional amount   
paid to a territory as a result of the  
application of paragraph 7#h7 of section
 #aijc7;a7 or subsection 7gg77#c7 of    
section #aije of the ,social ,security  
,act 7#db ,u4,s4,c4 #acif;b7a71         
#acif;d7--  7#a7 the limitation on      
payments to territories under           
subsections 7f7 and 7g7 of such section 
#aajh shall not apply to such additional
 amounts2 and  7#b7 such additional     
amounts shall be disregarded in applying
 such subsections4  #e4 ,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