SEC. 1712. TOBACCO CESSATION.

[a] Dropping Tobacco Cessation Exclusion From Covered Outpatient Drugs- Section- 1927[d][2] of the Social Security Act [42 U.S.C. 1396r-8[d][2]] is amended--

[1] by striking subparagraph [E];

[2] in subparagraph [G], by inserting before the period at the end the following: ', except agents approved by the Food and Drug Administration for purposes of promoting, and when used to promote, tobacco cessation'; and

[3] by redesignating subparagraphs [F] through [K] as subparagraphs [E] through [J], respectively.

[b] Effective Date- The amendments made by this section shall apply to drugs and services furnished on or after January 1, 2010.