PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2129
‘‘(4) CONSULTATION.—In establishing requirements under this subsection, the Secretary shall consult with State Pharmaceutical Assistance Programs, MA organizations, States, pharmaceutical benefit managers, employers, representatives of part D eligible individuals, the data processing experts, pharmacists, pharmaceutical manufacturers, and other experts. ‘‘(5) PART D PLAN DEFINED.—For purposes of this section and section 1860D–24, the term ‘part D plan’ means a prescription drug plan and an MA–PD plan. ‘‘(b) STATE PHARMACEUTICAL ASSISTANCE PROGRAM.—For purposes of this part, the term ‘State Pharmaceutical Assistance Program’ means a State program— ‘‘(1) which provides financial assistance for the purchase or provision of supplemental prescription drug coverage or benefits on behalf of part D eligible individuals; ‘‘(2) which, in determining eligibility and the amount of assistance to part D eligible individuals under the Program, provides assistance to such individuals in all part D plans and does not discriminate based upon the part D plan in which the individual is enrolled; and ‘‘(3) which satisfies the requirements of subsections (a) and (c). ‘‘(c) RELATION TO OTHER PROVISIONS.— ‘‘(1) MEDICARE AS PRIMARY PAYOR.—The requirements of this section shall not change or affect the primary payor status of a part D plan. ‘‘(2) USE OF A SINGLE CARD.—A card that is issued under section 1860D–4(b)(2)(A) for use under a part D plan may also be used in connection with coverage of benefits provided under a State Pharmaceutical Assistance Program and, in such case, may contain an emblem or symbol indicating such connection. ‘‘(3) OTHER PROVISIONS.—The provisions of section 1860D– 24(c) shall apply to the requirements under this section. ‘‘(4) SPECIAL TREATMENT UNDER OUT-OF-POCKET RULE.— In applying section 1860D–2(b)(4)(C)(ii), expenses incurred under a State Pharmaceutical Assistance Program may be counted toward the annual out-of-pocket threshold. ‘‘(5) CONSTRUCTION.—Nothing in this section shall be construed as requiring a State Pharmaceutical Assistance Program to coordinate or provide financial assistance with respect to any part D plan. ‘‘(d) FACILITATION OF TRANSITION AND COORDINATION WITH STATE PHARMACEUTICAL ASSISTANCE PROGRAMS.— ‘‘(1) TRANSITIONAL GRANT PROGRAM.—The Secretary shall provide payments to State Pharmaceutical Assistance Programs with an application approved under this subsection. ‘‘(2) USE OF FUNDS.—Payments under this section may be used by a Program for any of the following: ‘‘(A) Educating part D eligible individuals enrolled in the Program about the prescription drug coverage available through part D plans under this part. ‘‘(B) Providing technical assistance, phone support, and counseling for such enrollees to facilitate selection and enrollment in such plans.
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