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
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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.
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