Page:United States Statutes at Large Volume 117.djvu/2167

 117 STAT. 2148

PUBLIC LAW 108–173—DEC. 8, 2003 ‘‘(3) APPROPRIATIONS TO COVER BENEFITS.—There are appropriated to the Account in a fiscal year, out of any moneys in the Treasury not otherwise appropriated, an amount equal to the payments made from the Account in the year. ‘‘(4) FOR ADMINISTRATIVE EXPENSES.—There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the Secretary’s responsibilities under this section. ‘‘(5) TRANSFER OF ANY REMAINING BALANCE TO MEDICARE PRESCRIPTION DRUG ACCOUNT.—Any balance remaining in the Account after the Secretary determines that funds in the Account are no longer necessary to carry out the program under this section shall be transferred and deposited into the Medicare Prescription Drug Account under section 1860D–16. ‘‘(6) CONSTRUCTION.—Nothing in this section shall be construed as authorizing the Secretary to provide for payment (other than payment of an enrollment fee on behalf of a transitional assistance eligible individual under subsection (g)(1)(A)) to a sponsor for administrative expenses incurred by the sponsor in carrying out this section (including in administering the transitional assistance provisions of subsections (f) and (g)).

Appropriation authorization.

‘‘Subpart 5—Definitions and Miscellaneous Provisions ‘‘DEFINITIONS;

‘‘SEC. 1860D–41. (a) DEFINITIONS.—For purposes of this part: ‘‘(1) BASIC PRESCRIPTION DRUG COVERAGE.—The term ‘basic prescription drug coverage’ is defined in section 1860D–2(a)(3). ‘‘(2) COVERED PART D DRUG.—The term ‘covered part D drug’ is defined in section 1860D–2(e). ‘‘(3) CREDITABLE PRESCRIPTION DRUG COVERAGE.—The term ‘creditable prescription drug coverage’ has the meaning given such term in section 1860D–13(b)(4). ‘‘(4) PART D ELIGIBLE INDIVIDUAL.—The term ‘part D eligible individual’ has the meaning given such term in section 1860D– 1(a)(4)(A). ‘‘(5) FALLBACK PRESCRIPTION DRUG PLAN.—The term ‘fallback prescription drug plan’ has the meaning given such term in section 1860D–11(g)(4). ‘‘(6) INITIAL COVERAGE LIMIT.—The term ‘initial coverage limit’ means such limit as established under section 1860D– 2(b)(3), or, in the case of coverage that is not standard prescription drug coverage, the comparable limit (if any) established under the coverage. ‘‘(7) INSURANCE RISK.—The term ‘insurance risk’ means, with respect to a participating pharmacy, risk of the type commonly assumed only by insurers licensed by a State and does not include payment variations designed to reflect performance-based measures of activities within the control of the pharmacy, such as formulary compliance and generic drug substitution. ‘‘(8) MA PLAN.—The term ‘MA plan’ has the meaning given such term in section 1860D–1(a)(4)(B). ‘‘(9) MA–PD PLAN.—The term ‘MA–PD plan’ has the meaning given such term in section 1860D–1(a)(4)(C).

42 USC 1395w–151.

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