PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2143
‘‘(6) NO IMPACT ON BENEFITS UNDER OTHER PROGRAMS.— The availability of negotiated prices or transitional assistance under this section shall not be treated as benefits or otherwise taken into account in determining an individual’s eligibility for, or the amount of benefits under, any other Federal program. ‘‘(7) DISREGARD FOR PURPOSES OF PART C.—Nonuniformity of benefits resulting from the implementation of this section (including the provision or nonprovision of transitional assistance and the payment or waiver of any enrollment fee under this section) shall not be taken into account in applying section 1854(f). ‘‘(h) QUALIFICATION OF PRESCRIPTION DRUG CARD SPONSORS AND ENDORSEMENT OF DISCOUNT CARD PROGRAMS; BENEFICIARY PROTECTIONS.— ‘‘(1) PRESCRIPTION DRUG CARD SPONSOR AND QUALIFICATIONS.— ‘‘(A) PRESCRIPTION DRUG CARD SPONSOR AND SPONSOR DEFINED.—For purposes of this section, the terms ‘prescription drug card sponsor’ and ‘sponsor’ mean any nongovernmental entity that the Secretary determines to be appropriate to offer an endorsed discount card program under this section, which may include— ‘‘(i) a pharmaceutical benefit management company; ‘‘(ii) a wholesale or retail pharmacy delivery system; ‘‘(iii) an insurer (including an insurer that offers medicare supplemental policies under section 1882); ‘‘(iv) an organization offering a plan under part C; or ‘‘(v) any combination of the entities described in clauses (i) through (iv). ‘‘(B) ADMINISTRATIVE QUALIFICATIONS.—Each endorsed discount card program shall be operated directly, or through arrangements with an affiliated organization (or organizations), by one or more entities that have demonstrated experience and expertise in operating such a program or a similar program and that meets such business stability and integrity requirements as the Secretary may specify. ‘‘(C) ACCOUNTING FOR TRANSITIONAL ASSISTANCE.—The sponsor of an endorsed discount card program shall have arrangements satisfactory to the Secretary to account for the assistance provided under subsection (g) on behalf of transitional assistance eligible individuals. ‘‘(2) APPLICATIONS FOR PROGRAM ENDORSEMENT.— ‘‘(A) SUBMISSION.—Each prescription drug card sponsor that seeks endorsement of a prescription drug discount card program under this section shall submit to the Secretary, at such time and in such manner as the Secretary may specify, an application containing such information as the Secretary may require. ‘‘(B) APPROVAL; COMPLIANCE WITH APPLICABLE REQUIREMENTS.—The Secretary shall review the application submitted under subparagraph (A) and shall determine whether to endorse the prescription drug discount card
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