SMOKING CESSATION PROGRAM UNDER TRICARE.

SEC. 713. SMOKING CESSATION PROGRAM UNDER TRICARE.(a) TRICARE Smoking Cessation Program.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a smoking 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) Exclusion for Medicare-Eligible Beneficiaries.—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 pharmaceuticals 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 24 hours a day, 7 days a week.(4) Access to printed and Internet web-based tobacco cessation material.(d) Chain of Command Involvement.—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 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan to implement the program.(f) Refund of Copayments.—(1) Authority.—Under regulations prescribed by the Secretary of Defense, the Secretary may pay a refund to a medicare-eligible beneficiary otherwise excluded by this section, subject 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 congressional 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.122 STAT. 4504(4) The costs avoided that are attributed to the program.(5) The success rates of the program compared to other nationally recognized smoking cessation programs.(6) Findings regarding the success rate of participants in the program.(7) Recommendations to modify the policies and procedures of the program.(8) Recommendations concerning the future utility of the program.(h) Definitions.—In this section:(1) TRICARE program.—The term “TRICARE program” has the meaning provided by section 1072(7) of title 10, United States Code.(2) Medicare-eligible.—The term “medicare-eligible” has the meaning provided by section 1111(b) of title 10, United States Code.