12 2 STA T . 2 50 1 PUBLIC LA W 110 – 2 7 5 —J UL Y 15 , 200 8eachM e di ca r e A d v a nt a g e pl an of fered by the Medicare Advan - tage organi z ation incl u de s the plan type of the plan ( using standard ter m inology developed by the S ecretary ).’ ’. ( 2 ) PRESC R IPT I OND R UG P LA NS. — Section 1860D–4 (l) of the Social Security Act , as added by subsection (a)(2) and amended by subsection (b)(2), is amended by adding at the end the follo w ing new paragraph
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‘( 3 ) T he inclusion of the plan type in the plan name under section 18 5 1(h)(6).’’. (d) STRENGT H ENING THE A B ILIT Y O F STATES TO ACT IN C OLLABORATION W ITH THE SECRETARY TO ADDRESS F RAUDULENT OR I NAPPROPRIATE MAR K ETING PRACTICES.— (1) MEDICARE AD V ANTAGE PROGRA M .—Section 1851(h) of the Social Security Act (42 U .S.C. 13 9 5w–21(h), as amended by subsection (c)(1), is amended by adding at the end the following new paragraph: ‘‘( 7 ) STRENGTHENING THE ABILITY OF STATES TO ACT IN COLLABORATION W ITH THE SECRETARY TO ADDRESS FRAUDULENT OR INAPPROPRIATE MARKETING PRACTICES.— ‘‘(A) APPOINTMENT OF AGENTS AND BROKERS.— E ach Medicare Advantage organization shall— ‘‘(i) only use agents and bro k ers who have been licensed under State law to sell Medicare Advantage plans offered by the Medicare Advantage organization
‘‘(ii) in the case where a State has a State appoint- ment law, abide by such law; and ‘‘(iii) report to the applicable State the termination of any such agent or broker, including the reasons for such termination (as re q uired under applicable State law). ‘‘( B ) COMPLIANCE WITH STATE INFORMATION RE Q UESTS.—Each Medicare Advantage organization shall comply in a timely manner with any request by a State for information regarding the performance of a licensed agent, broker, or other third party representing the Medi- care Advantage organization as part of an investigation by the State into the conduct of the agent, broker, or other third party.’’. (2) PRESCRIPTION DRUG PLANS.—Section 1860D–4(l) of the Social Security Act, as amended by subsection (c)(2), is amended by adding at the end the following new paragraph: ‘‘(4) The requirements regarding the appointment of agents and brokers and compliance with State information requests under subparagraphs (A) and (B), respectively, of section 1851(h)(7).’’. (3) EFFECTIVE DATE.—The amendments made by this sub- section shall apply to plan years beginning on or after J anuary 1, 2009. SEC.104 . IMPROV EME NT STOT H EME D I GA P PROGRAM. (a) IMPLEMENTATION OF N AIC R ECOMMENDATIONS.— (1) IN GENERAL.—The Secretary of H ealth and Human Services (in this section referred to as the ‘‘Secretary’’) shall provide for implementation of the changes in the NAIC model law and regulations approved by the National Association of Insurance Commissioners in its Model
651 (‘‘Model Regulation 42USC1395s s note. 42 USC 1395 w– 21 note. R e p o r ts.
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