Page:United States Statutes at Large Volume 117.djvu/2151

 117 STAT. 2132

PUBLIC LAW 108–173—DEC. 8, 2003

of December 31, 2005, during the individual’s transition period (if any) under clause (iii), in accordance with transition rules specified by the Secretary— ‘‘(I) such endorsed program may continue to apply to covered discount card drugs dispensed to the individual under the program during such transition period; ‘‘(II) no annual enrollment fee shall be applicable during the transition period; ‘‘(III) during such period the individual may not change the endorsed program plan in which the individual is enrolled; and ‘‘(IV) the balance of any transitional assistance remaining on January 1, 2006, shall remain available for drugs dispensed during the individual’s transition period. ‘‘(iii) TRANSITION PERIOD.—The transition period under this clause for an individual is the period beginning on January 1, 2006, and ending in the case of an individual who— ‘‘(I) is enrolled in a prescription drug plan or an MA–PD plan before the last date of the initial enrollment period under section 1860D– 1(b)(2)(A), on the effective date of the individual’s coverage under such part; or ‘‘(II) is not so enrolled, on the last day of such initial period. ‘‘(3) VOLUNTARY NATURE OF PROGRAM.—Nothing in this section shall be construed as requiring a discount card eligible individual to enroll in an endorsed discount card program under this section. ‘‘(4) GLOSSARY AND DEFINITIONS OF TERMS.—For purposes of this section: ‘‘(A) COVERED DISCOUNT CARD DRUG.—The term ‘covered discount card drug’ has the meaning given the term ‘covered part D drug’ in section 1860D–2(e). ‘‘(B) DISCOUNT CARD ELIGIBLE INDIVIDUAL.—The term ‘discount card eligible individual’ is defined in subsection (b)(1)(A). ‘‘(C) ENDORSED DISCOUNT CARD PROGRAM; ENDORSED PROGRAM.—The terms ‘endorsed discount card program’ and ‘endorsed program’ mean a prescription drug discount card program that is endorsed (and for which the sponsor has a contract with the Secretary) under this section. ‘‘(D) NEGOTIATED PRICE.—Negotiated prices are described in subsection (e)(1)(A)(ii). ‘‘(E) PRESCRIPTION DRUG CARD SPONSOR; SPONSOR.— The terms ‘prescription drug card sponsor’ and ‘sponsor’ are defined in subsection (h)(1)(A). ‘‘(F) STATE.—The term ‘State’ has the meaning given such term for purposes of title XIX. ‘‘(G) TRANSITIONAL ASSISTANCE ELIGIBLE INDIVIDUAL.— The term ‘transitional assistance eligible individual’ is defined in subsection (b)(2). ‘‘(b) ELIGIBILITY FOR DISCOUNT CARD AND FOR TRANSITIONAL ASSISTANCE.—For purposes of this section: ‘‘(1) DISCOUNT CARD ELIGIBLE INDIVIDUAL.—

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