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Definitions : Tobacco Advertising and Promotion means any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly

(ii) CMS designates an alternative quality performance standard for an ACO that does not meet the criteria described in paragraph (a)(2) or (a)(5)(i) of this section as the following: (A) For performance year 2024, the ACO reports quality data on the APP quality measure set established under 414.1367 of this subchapter according to the method of submission established by CMS and achieves a quality performance score equivalent to or higher than the 10th percentile of the performance benchmark on at least one of the four outcome measures in the APP quality measure set

Actually, using such patches simply substitutes one (admittedly less dangerous) nicotine source for another