117 STAT. 2072
PUBLIC LAW 108–173—DEC. 8, 2003 ‘‘(i) ENROLLEES
IN A PLAN PROVIDING QUALIFIED PRESCRIPTION DRUG COVERAGE RECEIVE COVERAGE THROUGH THE PLAN.—A part D eligible individual who
is enrolled in an MA–PD plan obtains such coverage through such plan. ‘‘(ii) LIMITATION ON ENROLLMENT OF MA PLAN ENROLLEES IN PRESCRIPTION DRUG PLANS.—Except as provided in clauses (iii) and (iv), a part D eligible individual who is enrolled in an MA plan may not enroll in a prescription drug plan under this part. ‘‘(iii) PRIVATE FEE-FOR-SERVICE ENROLLEES IN MA PLANS NOT PROVIDING QUALIFIED PRESCRIPTION DRUG COVERAGE PERMITTED TO ENROLL IN A PRESCRIPTION DRUG PLAN.—A part D eligible individual who is
enrolled in an MA private fee-for-service plan (as defined in section 1859(b)(2)) that does not provide qualified prescription drug coverage may obtain qualified prescription drug coverage through enrollment in a prescription drug plan. ‘‘(iv) ENROLLEES IN MSA PLANS PERMITTED TO ENROLL IN A PRESCRIPTION DRUG PLAN.—A part D eligible individual who is enrolled in an MSA plan (as defined in section 1859(b)(3)) may obtain qualified prescription drug coverage through enrollment in a prescription drug plan. ‘‘(2) COVERAGE FIRST EFFECTIVE JANUARY 1, 2006.—Coverage under prescription drug plans and MA–PD plans shall first be effective on January 1, 2006. ‘‘(3) DEFINITIONS.—For purposes of this part: ‘‘(A) PART D ELIGIBLE INDIVIDUAL.—The term ‘part D eligible individual’ means an individual who is entitled to benefits under part A or enrolled under part B. ‘‘(B) MA PLAN.—The term ‘MA plan’ has the meaning given such term in section 1859(b)(1). ‘‘(C) MA–PD PLAN.—The term ‘MA–PD plan’ means an MA plan that provides qualified prescription drug coverage. ‘‘(b) ENROLLMENT PROCESS FOR PRESCRIPTION DRUG PLANS.— ‘‘(1) ESTABLISHMENT OF PROCESS.— ‘‘(A) IN GENERAL.—The Secretary shall establish a process for the enrollment, disenrollment, termination, and change of enrollment of part D eligible individuals in prescription drug plans consistent with this subsection. ‘‘(B) APPLICATION OF MA RULES.—In establishing such process, the Secretary shall use rules similar to (and coordinated with) the rules for enrollment, disenrollment, termination, and change of enrollment with an MA–PD plan under the following provisions of section 1851: ‘‘(i) RESIDENCE REQUIREMENTS.—Section 1851(b)(1)(A), relating to residence requirements. ‘‘(ii) EXERCISE OF CHOICE.—Section 1851(c) (other than paragraph (3)(A) of such section), relating to exercise of choice. ‘‘(iii) COVERAGE ELECTION PERIODS.—Subject to paragraphs (2) and (3) of this subsection, section 1851(e) (other than subparagraphs (B) and (C) of paragraph (2) and the second sentence of paragraph (4)
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