42 U.S.C. § 1395w–154 — Improved Medicare prescription drug plan and MA–PD plan complaint system

(a) General rule. The Secretary must develop and maintain a complaint system that is widely known and easy to use. It must collect and keep information about complaints concerning MA–PD plans and prescription-drug plans that are received through any means, including telephone, letter, email, or other means, by the Secretary, including when received by a regional office of the Department of Health and Human Services, the Medicare Beneficiary Ombudsman, a subcontractor, a carrier, a fiscal intermediary, or a Medicare administrative contractor under section 1395kk–1. The system must keep the information until each complaint is resolved. It must be able to report substantial complaints, begin appropriate interventions and monitoring based on them, and guide quality improvement. (b) Model electronic complaint form. The Secretary must develop a model electronic form for reporting plan complaints through the system. The form must be prominently displayed on the front page of Medicare.gov and on the Medicare Beneficiary Ombudsman’s website. (c) Annual reports. The Secretary must give Congress an annual report about the system. The report must analyze the number and types of complaints, geographic differences, how quickly the agency or plans respond, and how the complaints are resolved. (d) Definitions. (1) “MA–PD plan” has the meaning in section 1395w–151(a)(9); this section does not define it. (2) “Prescription drug plan” has the meaning in section 1395w–151(a)(14); this section does not define it. (3) “Secretary” means the Secretary of Health and Human Services. (4) “System” means the plan complaint system developed and maintained under subsection (a).