PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2075
‘‘(A) enroll in a prescription drug plan or an MA– PD plan after the initial enrollment period described in paragraph (2); and ‘‘(B) fail to maintain continuous creditable prescription drug coverage during the period of non-enrollment. ‘‘(c) PROVIDING INFORMATION TO BENEFICIARIES.— ‘‘(1) ACTIVITIES.—The Secretary shall conduct activities that are designed to broadly disseminate information to part D eligible individuals (and prospective part D eligible individuals) regarding the coverage provided under this part. Such activities shall ensure that such information is first made available at least 30 days prior to the initial enrollment period described in subsection (b)(2)(A). ‘‘(2) REQUIREMENTS.—The activities described in paragraph (1) shall— ‘‘(A) be similar to the activities performed by the Secretary under section 1851(d), including dissemination (including through the toll-free telephone number 1–800– MEDICARE) of comparative information for prescription drug plans and MA–PD plans; and ‘‘(B) be coordinated with the activities performed by the Secretary under such section and under section 1804. ‘‘(3) COMPARATIVE INFORMATION.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the comparative information referred to in paragraph (2)(A) shall include a comparison of the following with respect to qualified prescription drug coverage: ‘‘(i) BENEFITS.—The benefits provided under the plan. ‘‘(ii) MONTHLY BENEFICIARY PREMIUM.—The monthly beneficiary premium under the plan. ‘‘(iii) QUALITY AND PERFORMANCE.—The quality and performance under the plan. ‘‘(iv) BENEFICIARY COST-SHARING.—The costsharing required of part D eligible individuals under the plan. ‘‘(v) CONSUMER SATISFACTION SURVEYS.—The results of consumer satisfaction surveys regarding the plan conducted pursuant to section 1860D–4(d). ‘‘(B) EXCEPTION FOR UNAVAILABILITY OF INFORMATION.—The Secretary is not required to provide comparative information under clauses (iii) and (v) of subparagraph (A) with respect to a plan— ‘‘(i) for the first plan year in which it is offered; and ‘‘(ii) for the next plan year if it is impracticable or the information is otherwise unavailable. ‘‘(4) INFORMATION ON LATE ENROLLMENT PENALTY.—The information disseminated under paragraph (1) shall include information concerning the methodology for determining the late enrollment penalty under section 1860D–13(b). ‘‘PRESCRIPTION
DRUG BENEFITS
‘‘SEC. 1860D–2. (a) REQUIREMENTS.— ‘‘(1) IN GENERAL.—For purposes of this part and part C, the term ‘qualified prescription drug coverage’ means either of the following:
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