Page:United States Statutes at Large Volume 117.djvu/2168

 PUBLIC LAW 108–173—DEC. 8, 2003

117 STAT. 2149

‘‘(10) MEDICARE PRESCRIPTION DRUG ACCOUNT.—The term ‘Medicare Prescription Drug Account’ means the Account created under section 1860D–16(a). ‘‘(11) PDP APPROVED BID.—The term ‘PDP approved bid’ has the meaning given such term in section 1860D–13(a)(6). ‘‘(12) PDP REGION.—The term ‘PDP region’ means such a region as provided under section 1860D–11(a)(2). ‘‘(13) PDP SPONSOR.—The term ‘PDP sponsor’ means a nongovernmental entity that is certified under this part as meeting the requirements and standards of this part for such a sponsor. ‘‘(14) PRESCRIPTION DRUG PLAN.—The term ‘prescription drug plan’ means prescription drug coverage that is offered— ‘‘(A) under a policy, contract, or plan that has been approved under section 1860D–11(e); and ‘‘(B) by a PDP sponsor pursuant to, and in accordance with, a contract between the Secretary and the sponsor under section 1860D–12(b). ‘‘(15) QUALIFIED PRESCRIPTION DRUG COVERAGE.—The term ‘qualified prescription drug coverage’ is defined in section 1860D–2(a)(1). ‘‘(16) STANDARD PRESCRIPTION DRUG COVERAGE.—The term ‘standard prescription drug coverage’ is defined in section 1860D–2(b). ‘‘(17) STATE PHARMACEUTICAL ASSISTANCE PROGRAM.—The term ‘State Pharmaceutical Assistance Program’ has the meaning given such term in section 1860D–23(b). ‘‘(18) SUBSIDY ELIGIBLE INDIVIDUAL.—The term ‘subsidy eligible individual’ has the meaning given such term in section 1860D–14(a)(3)(A). ‘‘(b) APPLICATION OF PART C PROVISIONS UNDER THIS PART.— For purposes of applying provisions of part C under this part with respect to a prescription drug plan and a PDP sponsor, unless otherwise provided in this part such provisions shall be applied as if— ‘‘(1) any reference to an MA plan included a reference to a prescription drug plan; ‘‘(2) any reference to an MA organization or a providersponsored organization included a reference to a PDP sponsor; ‘‘(3) any reference to a contract under section 1857 included a reference to a contract under section 1860D–12(b); ‘‘(4) any reference to part C included a reference to this part; and ‘‘(5) any reference to an election period under section 1851 were a reference to an enrollment period under section 1860D– 1. ‘‘MISCELLANEOUS

PROVISIONS

‘‘SEC. 1860D–42. (a) ACCESS TO COVERAGE IN TERRITORIES.— The Secretary may waive such requirements of this part, including section 1860D–3(a)(1), insofar as the Secretary determines it is necessary to secure access to qualified prescription drug coverage for part D eligible individuals residing in a State (other than the 50 States and the District of Columbia). ‘‘(b) APPLICATION OF DEMONSTRATION AUTHORITY.—The provisions of section 402 of the Social Security Amendments of 1967 (Public Law 90–248) shall apply with respect to this part and

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