Page:United States Statutes at Large Volume 117.djvu/2185

 117 STAT. 2166

PUBLIC LAW 108–173—DEC. 8, 2003 such Act, as added by section 101, as a condition for issuing such policy. (2) PROHIBITION ON STATE REQUIREMENT.—A State may not require an issuer of a medicare supplemental policy under section 1882 of the Social Security Act (42 U.S.C. 1395rr) to participate as a PDP sponsor under such part D as a condition for issuing such policy.

SEC.

Applicability. 42 USC 1395w–141 note.

Applicability.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

105.

ADDITIONAL PROVISIONS RELATING TO MEDICARE PRESCRIPTION DRUG DISCOUNT CARD AND TRANSITIONAL ASSISTANCE PROGRAM.

(a) EXCLUSION OF COSTS FROM DETERMINATION OF PART B MONTHLY PREMIUM.—Section 1839(g) (42 U.S.C. 1395r(g)) is amended— (1) by striking ‘‘attributable to the application of section’’ and inserting ‘‘attributable to— ‘‘(1) the application of section’’; (2) by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following new paragraph: ‘‘(2) the medicare prescription drug discount card and transitional assistance program under section 1860D–31.’’. (b) APPLICATION OF CONFIDENTIALITY FOR DRUG PRICING DATA.—The last sentence of section 1927(b)(3)(D) (42 U.S.C. 1396r– 8(b)(3)(D)), as added by section 101(e)(4), is amended by inserting ‘‘and drug pricing data reported under the first sentence of section 1860D–31(i)(1)’’ after ‘‘section 1860D–4(c)(2)(E)’’. (c) RULES FOR IMPLEMENTATION.—The following rules shall apply to the medicare prescription drug discount card and transitional assistance program under section 1860D–31 of the Social Security Act, as added by section 101(a): (1) In promulgating regulations pursuant to subsection (a)(2)(B) of such section 1860D–31— (A) section 1871(a)(3) of the Social Security Act (42 U.S.C. 1395hh(a)(3)), as added by section 902(a)(1), shall not apply; (B) chapter 35 of title 44, United States Code, shall not apply; and (C) sections 553(d) and 801(a)(3)(A) of title 5, United States Code, shall not apply. (2) Section 1857(c)(5) of the Social Security Act (42 U.S.C. 1395w–27(c)(5)) shall apply with respect to section 1860D– 31 of such Act, as added by section 101(a), in the same manner as it applies to part C of title XVIII of such Act. (3) The administration of such program shall be made without regard to chapter 35 of title 44, United States Code. (4)(A) There shall be no judicial review of a determination not to endorse, or enter into a contract, with a prescription drug card sponsor under section 1860D–31 of the Social Security Act. (B) In the case of any order issued to enjoin any provision of section 1860D–31 of the Social Security Act (or of any provision of this section), such order shall not affect any other provision of such section (or of this section) and all such provisions shall be treated as severable. (d) CONFORMING AMENDMENTS TO FEDERAL SMI TRUST FUND FOR TRANSITIONAL ASSISTANCE ACCOUNT.—Section 1841 (42 U.S.C. 1395t), as amended by section 101(e)(3)(C), is amended—

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