PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2145
such appropriate, limited period of time, as the Secretary specifies. ‘‘(7) LIMITATION ON PROVISION AND MARKETING OF PRODUCTS AND SERVICES.—The sponsor of an endorsed discount card program— ‘‘(A) may provide under the program— ‘‘(i) a product or service only if the product or service is directly related to a covered discount card drug; or ‘‘(ii) a discount price for nonprescription drugs; and ‘‘(B) may, to the extent otherwise permitted under paragraph (6) (relating to application of HIPAA requirements), market a product or service under the program only if the product or service is directly related to— ‘‘(i) a covered discount card drug; or ‘‘(ii) a drug described in subparagraph (A)(ii) and the marketing consists of information on the discounted price made available for the drug involved. ‘‘(8) ADDITIONAL PROTECTIONS.—Each endorsed discount card program shall meet such additional requirements as the Secretary identifies to protect and promote the interest of discount card eligible individuals, including requirements that ensure that discount card eligible individuals enrolled in endorsed discount card programs are not charged more than the lower of the price based on negotiated prices or the usual and customary price. ‘‘(9) SPECIAL RULES FOR CERTAIN ORGANIZATIONS.— ‘‘(A) IN GENERAL.—In the case of an organization that is offering a plan under part C or enrollment under a reasonable cost reimbursement contract under section 1876(h) that is seeking to be a prescription drug card sponsor under this section, the organization may elect to apply the special rules under subparagraph (B) with respect to enrollees in any plan described in section 1851(a)(2)(A) that it offers or under such contract and an endorsed discount card program it offers, but only if it limits enrollment under such program to individuals enrolled in such plan or under such contract. ‘‘(B) SPECIAL RULES.—The special rules under this subparagraph are as follows: ‘‘(i) LIMITATION ON ENROLLMENT.—The sponsor limits enrollment under this section under the endorsed discount card program to discount card eligible individuals who are enrolled in the part C plan involved or under the reasonable cost reimbursement contract involved and is not required nor permitted to enroll other individuals under such program. ‘‘(ii) PHARMACY ACCESS.—Pharmacy access requirements under subsection (e)(1)(B) are deemed to be met if the access is made available through a pharmacy network (and not only through mail order) and the network used by the sponsor is approved by the Secretary. ‘‘(iii) SPONSOR REQUIREMENTS.—The Secretary may waive the application of such requirements for a sponsor as the Secretary determines to be duplicative
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