PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2131
drug coverage on behalf of part D eligible individuals as the Secretary may specify. ‘‘(c) RELATION TO OTHER PROVISIONS.— ‘‘(1) USE OF COST MANAGEMENT TOOLS.—The requirements of this section shall not impair or prevent a PDP sponsor or MA organization from applying cost management tools (including differential payments) under all methods of operation. ‘‘(2) NO AFFECT ON TREATMENT OF CERTAIN OUT-OF-POCKET EXPENDITURES.—The requirements of this section shall not affect the application of the procedures established under section 1860D–2(b)(4)(D). ‘‘Subpart 4—Medicare Prescription Drug Discount Card and Transitional Assistance Program ‘‘MEDICARE
PRESCRIPTION DRUG DISCOUNT CARD AND TRANSITIONAL ASSISTANCE PROGRAM
‘‘SEC. 1860D–31. (a) ESTABLISHMENT OF PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall establish a program under this section— ‘‘(A) to endorse prescription drug discount card programs that meet the requirements of this section in order to provide access to prescription drug discounts through prescription drug card sponsors for discount card eligible individuals throughout the United States; and ‘‘(B) to provide for transitional assistance for transitional assistance eligible individuals enrolled in such endorsed programs. ‘‘(2) PERIOD OF OPERATION.— ‘‘(A) IMPLEMENTATION DEADLINE.—The Secretary shall implement the program under this section so that discount cards and transitional assistance are first available by not later than 6 months after the date of the enactment of this section. ‘‘(B) EXPEDITING IMPLEMENTATION.—The Secretary shall promulgate regulations to carry out the program under this section which may be effective and final immediately on an interim basis as of the date of publication of the interim final regulation. If the Secretary provides for an interim final regulation, the Secretary shall provide for a period of public comments on such regulation after the date of publication. The Secretary may change or revise such regulation after completion of the period of public comment. ‘‘(C) TERMINATION AND TRANSITION.— ‘‘(i) IN GENERAL.—Subject to clause (ii)— ‘‘(I) the program under this section shall not apply to covered discount card drugs dispensed after December 31, 2005; and ‘‘(II) transitional assistance shall be available after such date to the extent the assistance relates to drugs dispensed on or before such date. ‘‘(ii) TRANSITION.—In the case of an individual who is enrolled in an endorsed discount card program as
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