Page:United States Statutes at Large Volume 117.djvu/2111

 117 STAT. 2092

PUBLIC LAW 108–173—DEC. 8, 2003 a covered part D drug shall inform an enrollee of any differential between the price of the drug to the enrollee and the price of the lowest priced generic covered part D drug under the plan that is therapeutically equivalent and bioequivalent and available at such pharmacy. ‘‘(2) TIMING OF NOTICE.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the information under paragraph (1) shall be provided at the time of purchase of the drug involved, or, in the case of dispensing by mail order, at the time of delivery of such drug. ‘‘(B) WAIVER.—The Secretary may waive subparagraph (A) in such circumstances as the Secretary may specify.

‘‘Subpart 2—Prescription Drug Plans; PDP Sponsors; Financing ‘‘PDP 42 USC 1395w–111.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

REGIONS; SUBMISSION OF BIDS; PLAN APPROVAL

‘‘SEC. 1860D–11. (a) ESTABLISHMENT OF PDP REGIONS; SERVICE AREAS.— ‘‘(1) COVERAGE OF ENTIRE PDP REGION.—The service area for a prescription drug plan shall consist of an entire PDP region established under paragraph (2). ‘‘(2) ESTABLISHMENT OF PDP REGIONS.— ‘‘(A) IN GENERAL.—The Secretary shall establish, and may revise, PDP regions in a manner that is consistent with the requirements for the establishment and revision of MA regions under subparagraphs (B) and (C) of section 1858(a)(2). ‘‘(B) RELATION TO MA REGIONS.—To the extent practicable, PDP regions shall be the same as MA regions under section 1858(a)(2). The Secretary may establish PDP regions which are not the same as MA regions if the Secretary determines that the establishment of different regions under this part would improve access to benefits under this part. ‘‘(C) AUTHORITY FOR TERRITORIES.—The Secretary shall establish, and may revise, PDP regions for areas in States that are not within the 50 States or the District of Columbia. ‘‘(3) NATIONAL PLAN.—Nothing in this subsection shall be construed as preventing a prescription drug plan from being offered in more than one PDP region (including all PDP regions). ‘‘(b) SUBMISSION OF BIDS, PREMIUMS, AND RELATED INFORMATION.— ‘‘(1) IN GENERAL.—A PDP sponsor shall submit to the Secretary information described in paragraph (2) with respect to each prescription drug plan it offers. Such information shall be submitted at the same time and in a similar manner to the manner in which information described in paragraph (6) of section 1854(a) is submitted by an MA organization under paragraph (1) of such section. ‘‘(2) INFORMATION DESCRIBED.—The information described in this paragraph is information on the following: ‘‘(A) COVERAGE PROVIDED.—The prescription drug coverage provided under the plan, including the deductible and other cost-sharing.

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