Section 4107

SEC. 4107. COVERAGE OF COMPREHENSIVE TOBACCO CESSATION SERVICES FOR PREGNANT WOMEN IN MEDICAID.

[a] Requiring Coverage of Counseling and Pharmacotherapy for Cessation of Tobacco Use by Pregnant Women- 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 by pregnant women [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 by pregnant women' 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 pregnant women 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 pregnant women 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 by pregnant women.

'[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, in the case of pregnant women 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 by Pregnant Women-

[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][B] and [b][2][B] by inserting ', and counseling and pharmacotherapy for cessation of tobacco use by pregnant women [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 by pregnant women in accordance with the Guideline referred to in section 1905[bb][2][A]' after 'complicate the pregnancy'.

[2] APPLICATION TO ALTERNATIVE COST-SHARING- Section 1916A[b][3][B][iii] of such Act [42 U.S.C. 1396o-1[b][3][B][iii]] is amended by inserting ', and counseling and pharmacotherapy for cessation of tobacco use by pregnant women [as defined in section 1905[bb]]' after 'complicate the pregnancy'.

[d] Effective Date- The amendments made by this section shall take effect on October 1, 2010.