Page:United States Statutes at Large Volume 117.djvu/2149

 117 STAT. 2130

PUBLIC LAW 108–173—DEC. 8, 2003 ‘‘(C) Other activities designed to promote the effective coordination of enrollment, coverage, and payment between such Program and such plans. ‘‘(3) ALLOCATION OF FUNDS.—Of the amount appropriated to carry out this subsection for a fiscal year, the Secretary shall allocate payments among Programs that have applications approved under paragraph (4) for such fiscal year in proportion to the number of enrollees enrolled in each such Program as of October 1, 2003. ‘‘(4) APPLICATION.—No payments may be made under this subsection except pursuant to an application that is submitted and approved in a time, manner, and form specified by the Secretary. ‘‘(5) FUNDING.—Out of any funds in the Treasury not otherwise appropriated, there are appropriated for each of fiscal years 2005 and 2006, $62,500,000 to carry out this subsection.

‘‘COORDINATION 42 USC 1395w–134.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

REQUIREMENTS FOR PLANS PROVIDING PRESCRIPTION DRUG COVERAGE

‘‘SEC. 1860D–24. (a) APPLICATION OF BENEFIT COORDINATION REQUIREMENTS TO ADDITIONAL PLANS.— ‘‘(1) IN GENERAL.—The Secretary shall apply the coordination requirements established under section 1860D–23(a) to Rx plans described in subsection (b) in the same manner as such requirements apply to a State Pharmaceutical Assistance Program. ‘‘(2) APPLICATION TO TREATMENT OF CERTAIN OUT-OF-POCKET EXPENDITURES.—To the extent specified by the Secretary, the requirements referred to in paragraph (1) shall apply to procedures established under section 1860D–2(b)(4)(D). ‘‘(3) USER FEES.— ‘‘(A) IN GENERAL.—The Secretary may impose user fees for the transmittal of information necessary for benefit coordination under section 1860D–2(b)(4)(D) in a manner similar to the manner in which user fees are imposed under section 1842(h)(3)(B), except that the Secretary may retain a portion of such fees to defray the Secretary’s costs in carrying out procedures under section 1860D– 2(b)(4)(D). ‘‘(B) APPLICATION.—A user fee may not be imposed under subparagraph (A) with respect to a State Pharmaceutical Assistance Program. ‘‘(b) RX PLAN.—An Rx plan described in this subsection is any of the following: ‘‘(1) MEDICAID PROGRAMS.—A State plan under title XIX, including such a plan operating under a waiver under section 1115, if it meets the requirements of section 1860D–23(b)(2). ‘‘(2) GROUP HEALTH PLANS.—An employer group health plan. ‘‘(3) FEHBP.—The Federal employees health benefits plan under chapter 89 of title 5, United States Code. ‘‘(4) MILITARY COVERAGE (INCLUDING TRICARE).—Coverage under chapter 55 of title 10, United States Code. ‘‘(5) OTHER PRESCRIPTION DRUG COVERAGE.—Such other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription

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