SB 339 — TOBACCO CESSATION COVERAGE FOR MEDICAID

SENATE FINANCE COMMITTEE SUBSTITUTE FOR SENATE BILL 339 54 TH LEGISLATURE- STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED4 BY6 Linda8 M.10 AN ACT RELATING TO HEALTH COVERAGE;

LopezREQUIRING 6IMPLEMENTATION 8OF 10A ANTOBACCO ACTUSE RELATINGCESSATION TOPROGRAM; HEALTH COVERAGE;

ENACTINGREQUIRING ACOVERAGE SECTIONFOR OFMEDICAID THERECIPIENTS PUBLICWHO ASSISTANCEACCESS ACT TO REQUIRE MINIMUM TOBACCO USE CESSATION COVERAGEPRESCRIPTIONS FORAS MEDICAIDPART RECIPIENTS.OF THE PROGRAM.

1516 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 SECTION 1.

A new section of the Public Assistance Act is ew tl 17n d 18 enacted to read:

w= l= n19 d 18 "[NEW MATERIAL] MEDICAID--TOBACCOTOBACCO USE CESSATION =PROGRAM--MEDICAID = 19 COVERAGE.-- a l i a e r 20 A.COVERAGE.--The department shall implement a comprehensive a t m m 21 tobacco use cessation program and, by January 1, 2020, d r e 22 promulgate rules to govern the program that include c e s k 23 requirements that:

Medicale assistance coverage shall include the a tn mb m24 21A. following tobacco use cessation benefits:

dmedical rassistance ecoverage 22include (1) any u [ medication that has been:been approved by the United States food and .214727.1 SFC/SB 339 drug administration for tobacco use cessation treatment and that was prescribed to a recipient who participates in the program;

c e s k 23 (a) approved by the United States food e a n b 24 and drug administration for tobacco use cessation treatment;

u [ and .212692.1 (b) prescribed to a recipient for tobacco use cessation treatment;

and (2) individual or group counseling, provided in person, through telemedicine services or by telephone, of at least ten minutes per counseling session per week.

Thethe tobaccodepartment useevaluate tobacco cessation coveragemedications providedwhen pursuantthose tomedications are approved by the provisionsUnited ofStates Subsectionfood Aand ofdrug thisadministration sectionand shallprovide notaccess be:to those medications through the program, as necessary;

(1)and limitedC. in the number of tobacco use cessation attempts for which the coverage is available;

(2)the subjectdepartment conduct periodic reviews of and collect data related to priorthe authorizationprogram requirements;and prepare an annual report on the program, including any recommendations for possible improvements to the program." SECTION 2.

orEFFECTIVE (3)DATE.--The subjecteffective todate anyof copayment,the coinsuranceprovisions orof deductible."this -act 2is -July e1, e2019. 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .212692.1

- 2 - 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .214727.1