PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2153
campaign to inform MA eligible individuals about the availability of MA plans (including MA–PD plans) offered in different areas and the election process provided under this section.’’. (4) COORDINATING INITIAL ENROLLMENT PERIODS.—Section 1851(e)(1) (42 U.S.C. 1395w–21(e)(1)) is amended by adding at the end the following new sentence: ‘‘If any portion of an individual’s initial enrollment period under part B occurs after the end of the annual, coordinated election period described in paragraph (3)(B)(iii), the initial enrollment period under this part shall further extend through the end of the individual’s initial enrollment period under part B.’’. (5) COORDINATION OF EFFECTIVENESS OF ELECTIONS DURING ANNUAL COORDINATED ELECTION PERIOD FOR 2006.—Section 1851(f)(3) (42 U.S.C. 1395w–21(f)(3)) is amended by inserting ‘‘, other than the period described in clause (iii) of such subsection’’ after ‘‘subsection (e)(3)(B)’’. (6) LIMITATION ON ONE-CHANGE RULE TO SAME TYPE OF PLAN.—Section 1851(e)(2) (42 U.S.C. 1395w–21(e)(2)) is amended— (A) in subparagraph (B)(i), by inserting ‘‘, subparagraph (C)(iii),’’ after ‘‘clause (ii)’’; (B) in subparagraph (C)(i), by striking ‘‘clause (ii)’’ and inserting ‘‘clauses (ii) and (iii)’’; and (C) by adding at the end of subparagraph (C) the following new clause: ‘‘(iii) LIMITATION ON EXERCISE OF RIGHT WITH RESPECT TO PRESCRIPTION DRUG COVERAGE.—Effective for plan years beginning on or after January 1, 2006, in applying clause (i) (and clause (i) of subparagraph (B)) in the case of an individual who— ‘‘(I) is enrolled in an MA plan that does provide qualified prescription drug coverage, the individual may exercise the right under such clause only with respect to coverage under the original feefor-service plan or coverage under another MA plan that does not provide such coverage and may not exercise such right to obtain coverage under an MA–PD plan or under a prescription drug plan under part D; or ‘‘(II) is enrolled in an MA–PD plan, the individual may exercise the right under such clause only with respect to coverage under another MA– PD plan (and not an MA plan that does not provide qualified prescription drug coverage) or under the original fee-for-service plan and coverage under a prescription drug plan under part D.’’. (b) PROMOTION OF E-PRESCRIBING BY MA PLANS.—Section 1852(j) (42 U.S.C. 1395w–22(j)) is amended by adding at the end the following new paragraph: ‘‘(7) PROMOTION OF E-PRESCRIBING BY MA PLANS.— ‘‘(A) IN GENERAL.—An MA–PD plan may provide for a separate payment or otherwise provide for a differential payment for a participating physician that prescribes covered part D drugs in accordance with an electronic prescription drug program that meets standards established under section 1860D–4(e).
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