Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · BILL · 115th Congress · S. 3660 (Introduced in Senate) — To improve the health of minority individuals, and for other purposes. · Sec. 734

Sec. 734. Coverage of comprehensive tobacco cessation services in Medicaid and private health insurance

902 words·~4 min read·/bill/115/s/3660/is/section-734

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— in subsection (a)(4)(D), by striking by pregnant women ; and in subsection (bb)— by striking by pregnant women each place it appears; in paragraph (1), in the matter before subparagraph (A), by inserting by individuals before who use tobacco ; and in paragraph (2)(A), by striking with respect to pregnant women . Section 1927(d)(2)(F) of the Social Security Act ( 42 U.S.C. 1396r–8(d)(2)(F) ) is amended— by striking in the case of pregnant women ; and by striking under the over-the-counter monograph process .
Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ), as amended by section 462(a), is amended— by striking and at the end of paragraph (84); by striking the period at the end of paragraph
(85)and inserting ; and ; and by inserting after paragraph
(85)the following new paragraph: provide for the State to monitor and promote the use of comprehensive tobacco cessation services under the State plan, including conducting an outreach campaign to increase awareness of, and the benefits of using, such services among— individuals entitled to medical assistance under the State plan who use tobacco products; and clinicians and others who provide services to individuals entitled to medical assistance under the State plan. . Section 1903(a) of the Social Security Act ( 42 U.S.C. 1396b(a) ) is amended— by striking the period at the end of paragraph
(7)and inserting ; plus ; and by inserting after paragraph
(7)the following new paragraph: an amount equal to 90 percent of the sums expended during each quarter which are attributable to the development, implementation, and evaluation of an outreach campaign to— increase awareness of comprehensive tobacco cessation services covered in the State plan among— individuals who are likely to be eligible for medical assistance under the State plan; and clinicians and others who provide services to individuals who are likely to be eligible for medical assistance under the State plan; and increase awareness of the benefits of using comprehensive tobacco cessation services covered in the State plan among— individuals who are likely to be eligible for medical assistance under the State plan; and 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 services. . Section 1916 of the Social Security Act ( 42 U.S.C. 1396o ) is amended— in subsections (a)(2)(B) and (b)(2)(B), by striking and counseling and phar­ma­co­ther­a­py for cessation of tobacco use by pregnant women (as defined in section 1905(bb) of this title) 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) each place it appears; and in each of subsections (a)(2)(B) and (b)(2)(B) by inserting and counseling and pharmacotherapy for cessation of tobacco use (as defined in section 1905d(bb) of this title) 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 in accordance with the Guideline referred to in section 1905(bb)(2)(A) after (or at the option of the State, any services furnished to pregnant women . Section 1916A(b)(3)(B) of such Act ( 42 U.S.C. 1396o–1(b)(3)(B) ) is amended— in clause (iii), by striking , and counseling and pharmacotherapy for cessation of tobacco use by pregnant women (as defined in section 1905(bb)) ; and by adding at the end the following: Counseling and phar­ma­co­ther­a­py for cessation of tobacco use (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 in accordance with the Guideline referred to in section 1396d (bb)(2)(A) of this title. . Section 1927(d) of the Social Security Act ( 42 U.S.C. 1396r–8 ) is amended— by striking in paragraph (1)(A) A State and inserting Except as otherwise provided in paragraph (6), a State ; by redesignating paragraphs
(6)and
(7)as paragraphs
(7)and (8), respectively; and by inserting after paragraph
(5)the following: A State plan under this title shall not require, as a condition of coverage or payment for a covered outpatient drug for which Federal financial participation is available in accordance with this section, the approval of an agent when used to promote smoking cessation, including agents approved by the Food and Drug Administration for the purposes of promoting, and when used to promote, tobacco cessation. . Section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–3 ) is amended by adding at the end the following: A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not impose any prior authorization requirement for tobacco cessation counseling and pharmacotherapy that has in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force. . The amendments made by this section shall apply to items and services furnished on or after January 1, 2019.
Connectionstraces to 4
4 references not yet in our index
  • 42 USC 1396r–8(d)(2)(F)
  • 42 USC 1396o–1(b)(3)(B)
  • 42 USC 1396r–8
  • 42 USC 300gg–3
Citation graph
cites case law
Sec. 734
Coverage of comprehensive tobacco cessation services in Medicaid and private health insurance
Cite42 USC 1396r–8(d)(2)(F)
Cite42 USC 1396o–1(b)(3)(B)
Cite42 USC 1396r–8
Cite42 USC 300gg–3
Cites 8Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.