117 STAT. 2120
PUBLIC LAW 108–173—DEC. 8, 2003
the monthly beneficiary premium or the MA monthly prescription drug beneficiary premium. ‘‘(f) DISCLOSURE OF INFORMATION.— ‘‘(1) IN GENERAL.—Each contract under this part and under part C shall provide that— ‘‘(A) the PDP sponsor offering a prescription drug plan or an MA organization offering an MA–PD plan shall provide the Secretary with such information as the Secretary determines is necessary to carry out this section; and ‘‘(B) the Secretary shall have the right in accordance with section 1857(d)(2)(B) (as applied under section 1860D– 12(b)(3)(C)) to inspect and audit any books and records of a PDP sponsor or MA organization that pertain to the information regarding costs provided to the Secretary under subparagraph (A). ‘‘(2) RESTRICTION ON USE OF INFORMATION.—Information disclosed or obtained pursuant to the provisions of this section may be used by officers, employees, and contractors of the Department of Health and Human Services only for the purposes of, and to the extent necessary in, carrying out this section. ‘‘(g) PAYMENT FOR FALLBACK PRESCRIPTION DRUG PLANS.—In lieu of the amounts otherwise payable under this section to a PDP sponsor offering a fallback prescription drug plan (as defined in section 1860D–3(c)(4)), the amount payable shall be the amounts determined under the contract for such plan pursuant to section 1860D–11(g)(5). ‘‘MEDICARE
PRESCRIPTION DRUG ACCOUNT IN THE FEDERAL SUPPLEMENTARY MEDICAL INSURANCE TRUST FUND
42 USC 1395w–116.
VerDate 11-MAY-2000
13:59 Aug 30, 2004
‘‘SEC. 1860D–16. (a) ESTABLISHMENT AND OPERATION OF ACCOUNT.— ‘‘(1) ESTABLISHMENT.—There is created within the Federal Supplementary Medical Insurance Trust Fund established by section 1841 an account to be known as the ‘Medicare Prescription Drug Account’ (in this section referred to as the ‘Account’). ‘‘(2) FUNDING.—The Account shall consist of such gifts and bequests as may be made as provided in section 201(i)(1), accrued interest on balances in the Account, and such amounts as may be deposited in, or appropriated to, such Account as provided in this part. ‘‘(3) SEPARATE FROM REST OF TRUST FUND.—Funds provided under this part to the Account shall be kept separate from all other funds within the Federal Supplementary Medical Insurance Trust Fund, but shall be invested, and such investments redeemed, in the same manner as all other funds and investments within such Trust Fund. ‘‘(b) PAYMENTS FROM ACCOUNT.— ‘‘(1) IN GENERAL.—The Managing Trustee shall pay from time to time from the Account such amounts as the Secretary certifies are necessary to make payments to operate the program under this part, including— ‘‘(A) payments under section 1860D–14 (relating to lowincome subsidy payments); ‘‘(B) payments under section 1860D–15 (relating to subsidy payments and payments for fallback plans);
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