12 2 STA T .4503PUBLIC LA W 110 – 41 7—O CT. 14 , 200 8(G)Recom me ndati on sf o r e x tendin g t h e demonstration p ro j ect or imp l ementing a permanent w ellness assessment program . ( H ) I dentification of legislati v ea u thorities re q uired to implement a permanent program. SEC.713 .S MOKING CESS AT ION PR OGRAM U N D ER TRICARE. (a) T RI CA R ESMOKING C ES S AT ION PR OGRAM. —N ot later than 180 da y s after the date of the enactment of this Act , the Secretary of D efense shall esta b lish a smo k ing cessation program under the TRICARE program, to be made available to all beneficiaries under the TRICARE program, subject to subsection (b). The Secretary may prescribe such regulations as may be necessary to implement the program. (b) E XCLU SION F OR M E D ICARE - ELIGI B LE B ENEFICIARIES.—The smoking cessation program shall not be made available to medicare- eligible beneficiaries. (c) ELEMENTS.—The program shall include, at a minimum, the following elements
(1) The availability, at no cost to the beneficiary, of pharma- ceuticals used for smoking cessation, with a limitation on the availability of such pharmaceuticals to the national mail-order pharmacy program under the TRICARE program if appropriate. ( 2 ) Counseling. ( 3 ) Access to a toll-free quit line that is available 2 4 hours a day, 7 days a week. (4) Access to printed and Internet web-based tobacco ces- sation material. (d) C H AIN OF COMMAND IN V OLVEMENT.—In establishing the program, the Secretary of Defense shall provide for involvement by officers in the chain of command of participants in the program who are on active duty. (e) PLAN.—Not later than 9 0 days after the date of the enact- ment of this Act, the Secretary shall submit to the congressional defense committees a plan to implement the program. (f) REFUND OF CO P A Y MENTS.— (1) AUTHORITY.— U nder regulations prescribed by the Sec- retary of Defense, the Secretary may pay a refund to a medi- care-eligible beneficiary otherwise excluded by this section, sub- ject to the availability of appropriations specifically for such refunds, consisting of an amount up to the difference between— (A) the amount the beneficiary pays for copayments for smoking cessation services described in subsection (c) during fiscal year 2009
and (B) the amount the beneficiary would have paid during such fiscal year if the beneficiary had not been excluded under subsection (b) from the smoking cessation program under subsection (a). (2) COPAYMENTS COVERED.—The refunds under paragraph (1) are available only for copayments paid by medicare-eligible beneficiaries during fiscal year 2009. (g) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congres- sional defense committees a report covering the following: (1) The status of the program. (2) The number of participants in the program. (3) The cost of the program. Regulations.D ea d line. Deadline.
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