42 U.S.C. § 1395w–151 — Definitions; treatment of references to provisions in part C
submitted 91 years ago by Pub. L. 108-173 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 649 words · no verdicts yet
This section defines terms used in Medicare Part D and explains how certain Part C rules apply to prescription-drug plans and their sponsors.
(a) Definitions. For this part: (1) “Basic prescription drug coverage*” is defined in section 1395w–102(a)(3); this section does not define it. (2) “Covered part D drug*” is defined in section 1395w–102(e); this section does not define it. (3) “Creditable prescription drug* coverage” has the meaning in section 1395w–113(b)(4); this section does not define it. (4) “Part D eligible individual” has the meaning in section 1395w–101(a)(3)(A); this section does not define it. (5) “Fallback prescription drug plan” has the meaning in section 1395w–111(g)(4); this section does not define it. (6) “Initial coverage limit” means the limit set under section 1395w–102(b)(3) for a year before 2025. For coverage that is not standard prescription-drug coverage, it means the comparable limit, if any, set under that coverage for that year. (7) “Insurance risk,” for a participating pharmacy, means risk of the kind commonly assumed only by State*-licensed insurers. It does not include payment changes designed to reflect performance measures within the pharmacy’s control, such as following a formulary or substituting generic drugs. (8) “MA plan” has the meaning in section 1395w–101(a)(3)(B); this section does not define it. (9) “MA–PD plan” has the meaning in section 1395w–101(a)(3)(C); this section does not define it. (10) “Medicare Prescription Drug Account” means the Account created under section 1395w–116(a). (11) “PDP approved bid” has the meaning in section 1395w–113(a)(6); this section does not define it. (12) “PDP region” means a region provided under section 1395w–111(a)(2); this section does not define it. (13) “PDP sponsor” means a nongovernmental entity certified under this part as meeting this part’s requirements and standards for such a sponsor. (14) “Prescription drug plan” means prescription-drug coverage offered (A) under a policy, contract, or plan approved under section 1395w–111(e), and (B) by a PDP sponsor under a contract between the Secretary* and sponsor under section 1395w–112(b). (15) “Qualified prescription drug coverage*” is defined in section 1395w–102(a)(1); this section does not define it. (16) “Standard prescription drug coverage*” is defined in section 1395w–102(b); this section does not define it. (17) “State Pharmaceutical Assistance Program” has the meaning in section 1395w–133(b); this section does not define it. (18) “Subsidy eligible individual” has the meaning in section 1395w–114(a)(3)(A); this section does not define it.
(b) Applying Part C provisions under Part D. When Part C provisions are applied under this part to a prescription-drug plan or PDP sponsor, and this part does not say otherwise, apply them as if: (1) a reference to an MA plan included a prescription-drug plan; (2) a reference to an MA organization or provider-sponsored organization included a PDP sponsor; (3) a reference to a contract under section 1395w–27 included a contract under section 1395w–112(b); (4) a reference to Part C included a reference to this part; and (5) a reference to an election period under section 1395w–21 meant an enrollment period under section 1395w–101.
For purposes of this part:
The term “basic prescription drug* coverage” is defined in section 1395w–102(a)(3) of this title.
The term “covered part D drug” is defined in section 1395w–102(e) of this title.
The term “creditable prescription drug coverage” has the meaning given such term in section 1395w–113(b)(4) of this title.
The term “part D eligible individual” has the meaning given such term in section 1395w–101(a)(3)(A) of this title.1
The term “fallback prescription drug plan” has the meaning given such term in section 1395w–111(g)(4) of this title.
The term “initial coverage limit” means such limit as established under section 1395w–102(b)(3) of this title for a year before 2025, or, in the case of coverage that is not standard prescription drug coverage*, the comparable limit (if any) established under the coverage for such year.
The term “insurance risk” means, with respect to a participating pharmacy, risk of the type commonly assumed only by insurers licensed by a State* and does not include payment variations designed to reflect performance-based measures of activities within the control of the pharmacy, such as formulary compliance and generic drug substitution.
The term “MA plan” has the meaning given such term in section 1395w–101(a)(3)(B) of this title.1
The term “MA–PD plan” has the meaning given such term in section 1395w–101(a)(3)(C) of this title.1
The term “Medicare Prescription Drug Account” means the Account created under section 1395w–116(a) of this title.
The term “PDP approved bid” has the meaning given such term in section 1395w–113(a)(6) of this title.
The term “PDP region” means such a region as provided under section 1395w–111(a)(2) of this title.
The term “PDP sponsor” means a nongovernmental entity that is certified under this part as meeting the requirements and standards of this part for such a sponsor.
The term “prescription drug plan” means prescription drug coverage that is offered—
under a policy, contract, or plan that has been approved under section 1395w–111(e) of this title; and
by a PDP sponsor pursuant to, and in accordance with, a contract between the Secretary* and the sponsor under section 1395w–112(b) of this title.
The term “qualified prescription drug coverage” is defined in section 1395w–102(a)(1) of this title.
The term “standard prescription drug coverage” is defined in section 1395w–102(b) of this title.
The term “State Pharmaceutical Assistance Program” has the meaning given such term in section 1395w–133(b) of this title.
The term “subsidy eligible individual” has the meaning given such term in section 1395w–114(a)(3)(A) of this title.
For purposes of applying provisions of part C under this part with respect to a prescription drug plan and a PDP sponsor, unless otherwise provided in this part such provisions shall be applied as if—
any reference to an MA plan included a reference to a prescription drug plan;
any reference to an MA organization or a provider-sponsored organization included a reference to a PDP sponsor;
any reference to a contract under section 1395w–27 of this title included a reference to a contract under section 1395w–112(b) of this title;
any reference to part C included a reference to this part; and
any reference to an election period under section 1395w–21 of this title were a reference to an enrollment period under section 1395w–101 of this title.
Source credit: (Aug. 14, 1935, ch. 531, title XVIII, § 1860D–41, as added Pub. L. 108–173, title I, § 101(a)(2), Dec. 8, 2003, 117 Stat. 2148; amended Pub. L. 117–169, title I, § 11201(e)(6), Aug. 16, 2022, 136 Stat. 1892.)
- 1935Enacted · Pub. L. 108-173 · 117 Stat. 2148
- 2022Amended · Pub. L. 117-169 · 136 Stat. 1892
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-173 on 1935-08-14.
all 0 arguments · sorted by: best
no arguments yet — make the first case