124 STAT. 471 PUBLIC LAW 111–148—MAR. 23, 2010 Amounts appropriated under this subparagraph shall remain available until expended.’’. (d) ADDITIONAL FUNDING FOR CONTRACT WITH THE NATIONAL CENTER FOR BENEFITS AND OUTREACH ENROLLMENT.—Subsection (d)(2) of such section 119 is amended by striking ‘‘(42 U.S.C. 1395w– 23(f))’’ and all that follows through the period at the end and inserting ‘‘(42 U.S.C. 1395w–23(f)), to the Administration on Aging— ‘‘(i) for fiscal year 2009, of $5,000,000; and ‘‘(ii) for the period of fiscal years 2010 through 2012, of $5,000,000. Amounts appropriated under this subparagraph shall remain available until expended.’’. (e) SECRETARIAL AUTHORITY TO ENLIST SUPPORT IN CON- DUCTING CERTAIN OUTREACH ACTIVITIES.—Such section 119 is amended by adding at the end the following new subsection: ‘‘(g) SECRETARIAL AUTHORITY TO ENLIST SUPPORT IN CON- DUCTING CERTAIN OUTREACH ACTIVITIES.—The Secretary may request that an entity awarded a grant under this section support the conduct of outreach activities aimed at preventing disease and promoting wellness. Notwithstanding any other provision of this section, an entity may use a grant awarded under this subsection to support the conduct of activities described in the preceding sentence.’’. SEC. 3307. IMPROVING FORMULARY REQUIREMENTS FOR PRESCRIP- TION DRUG PLANS AND MA–PD PLANS WITH RESPECT TO CERTAIN CATEGORIES OR CLASSES OF DRUGS. (a) IMPROVING FORMULARY REQUIREMENTS.—Section 1860D– 4(b)(3)(G) of the Social Security Act is amended to read as follows: ‘‘(G) REQUIRED INCLUSION OF DRUGS IN CERTAIN CAT- EGORIES AND CLASSES.— ‘‘(i) FORMULARY REQUIREMENTS.— ‘‘(I) IN GENERAL.—Subject to subclause (II), a PDP sponsor offering a prescription drug plan shall be required to include all covered part D drugs in the categories and classes identified by the Secretary under clause (ii)(I). ‘‘(II) EXCEPTIONS.—The Secretary may estab- lish exceptions that permit a PDP sponsor offering a prescription drug plan to exclude from its for- mulary a particular covered part D drug in a cat- egory or class that is otherwise required to be included in the formulary under subclause (I) (or to otherwise limit access to such a drug, including through prior authorization or utilization manage- ment). ‘‘(ii) IDENTIFICATION OF DRUGS IN CERTAIN CAT- EGORIES AND CLASSES.— ‘‘(I) IN GENERAL.—Subject to clause (iv), the Secretary shall identify, as appropriate, categories and classes of drugs for which the Secretary deter- mines are of clinical concern. ‘‘(II) CRITERIA.—The Secretary shall use cri- teria established by the Secretary in making any determination under subclause (I). 42 USC 1395w–104.
