PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2165
enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 and to otherwise update standards to reflect other changes in law included in such Act. Such revision shall incorporate the inclusion of the 2 benefit packages described in paragraph (2). Such revisions shall be made consistent with the rules applicable under subsection (p)(1)(E) with the reference to the ‘1991 NAIC Model Regulation’ deemed a reference to the NAIC Model Regulation as published in the Federal Register on December 4, 1998, and as subsequently updated by the National Association of Insurance Commissioners to reflect previous changes in law (and subsection (v)) and the reference to ‘date of enactment of this subsection’ deemed a reference to the date of enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. To the extent practicable, such revision shall provide for the implementation of revised standards for benefit packages as of January 1, 2006. ‘‘(2) NEW BENEFIT PACKAGES.—The benefit packages described in this paragraph are the following (notwithstanding any other provision of this section relating to a core benefit package): ‘‘(A) FIRST NEW BENEFIT PACKAGE.—A benefit package consisting of the following: ‘‘(i) Subject to clause (ii), coverage of 50 percent of the cost-sharing otherwise applicable under parts A and B, except there shall be no coverage of the part B deductible and coverage of 100 percent of any cost-sharing otherwise applicable for preventive benefits. ‘‘(ii) Coverage for all hospital inpatient coinsurance and 365 extra lifetime days of coverage of inpatient hospital services (as in the current core benefit package). ‘‘(iii) A limitation on annual out-of-pocket expenditures under parts A and B to $4,000 in 2006 (or, in a subsequent year, to such limitation for the previous year increased by an appropriate inflation adjustment specified by the Secretary). ‘‘(B) SECOND NEW BENEFIT PACKAGE.—A benefit package consisting of the benefit package described in subparagraph (A), except as follows: ‘‘(i) Substitute ‘75 percent’ for ‘50 percent’ in clause (i) of such subparagraph. ‘‘(ii) Substitute ‘$2,000’ for ‘$4,000’ in clause (iii) of such subparagraph.’’. (2) CONFORMING AMENDMENTS.—Section 1882 (42 U.S.C. 1395ss) is amended— (A) in subsection (g)(1), by inserting ‘‘a prescription drug plan under part D or’’ after ‘‘but does not include’’; and (B) in subsection (o)(1), by striking ‘‘subsection (p)’’ and inserting ‘‘subsections (p), (v), and (w)’’. (c) RULE OF CONSTRUCTION.— (1) IN GENERAL.—Nothing in this Act shall be construed to 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 part D of title XVIII of
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