Page:United States Statutes at Large Volume 111 Part 1.djvu/309

 PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 285 "(i) TERMINATIONS FOR CAUSE.— Any individual whose election is terminated under clause (i) or (ii) of subparagraph (B) is deemed to have elected the original medicare fee-for-service program option described in subsection (a)(1)(A). " (ii) TERMINATION BASED ON PLAN TERMINATION OR SERVICE AREA REDUCTION.— Any individual whose election is terminated under subparagraph (B)(iii) shall have a special election period under subsection (e)(4)(A) in which to change coverage to coverage under another Medicare+Choice plan. Such an individual who fails to make an election during such period is deemed to have chosen to change coverage to the original medicare fee-for-service program option described in subsection (a)(1)(A). "(D) ORGANIZATION OBLIGATION WITH RESPECT TO ELEC- TION FORMS.— Pursuant to a contract under section 1857, each Medicare+Choice organization receiving an election form under subsection (c)(2) shall transmit to the Secretary (at such time and in such manner as the Secretary may specify) a copy of such form or such other information respecting the election as the Secretary may specify. "(h) APPROVAL OF MARKETING MATERIAL AND APPLICATION FORMS. — "(1) SUBMISSION. —No marketing material or application form may be distributed by a Medicare+Choice organization to (or for the use of) Medicare+Choice eligible individuals unless— "(A) at least 45 days before the date of distribution the organization has submitted the material or form to the Secretary for review, and "(B) the Secretary has not disapproved the distribution of such material or form. "(2) REVIEW. —The standards established under section 1856 shall include guidelines for the review of any material or form submitted and under such guidelines the Secretary shall disapprove (or later require the correction of) such material or form if the material or form is materially inaccurate or misleading or otherwise makes a material misrepresentation. "(3) DEEMED APPROVAL (I-STOP SHOPPING).—In the case of material or form that is submitted under paragraph (1)(A) to the Secretary or a regional office of the Department of Health and Human Services and the Secretary or the office has not disapproved the distribution of marketing material or form under paragraph (1)(B) with respect to a Medicare+Choice plan in an area, the Secretary is deemed not to have disapproved such distribution in all other areas covered by the plan and organization except with regard to that portion of such material or form that is specific only to an area involved. "(4) PROHIBITION OF CERTAIN MARKETING PRACTICES. —Each Medicare+Choice organization shall conform to fair marketing standards, in relation to Medicare+Choice plans offered under this part, included in the standards established under section 1856. Such standards—

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