42 U.S. Code § 1395w–152 - Miscellaneous provisions

(a) Access to coverage in territories
The Secretary may waive such requirements of this part, including section 1395w–103 (a)(1) of this title, insofar as the Secretary determines it is necessary to secure access to qualified prescription drug coverage for part D eligible individuals residing in a State (other than the 50 States and the District of Columbia).
(b) Application of demonstration authority
The provisions of section 402 of the Social Security Amendments of 1967 (Public Law 90–248) shall apply with respect to this part and part C of this subchapter in the same manner it applies with respect to parts A and B of this subchapter, except that any reference with respect to a Trust Fund in relation to an experiment or demonstration project relating to prescription drug coverage under this part shall be deemed a reference to the Medicare Prescription Drug Account within the Federal Supplementary Medical Insurance Trust Fund.
(c) Coverage gap rebate for 2010
(1) In general
In the case of an individual described in subparagraphs (A) through (D) of section 1395w–114a (g)(1) of this title who as of the last day of a calendar quarter in 2010 has incurred costs for covered part D drugs so that the individual has exceeded the initial coverage limit under section 1395w–102 (b)(3) of this title for 2010, the Secretary shall provide for payment from the Medicare Prescription Drug Account of $250 to the individual by not later than the 15th day of the third month following the end of such quarter.
(2) Limitation
The Secretary shall provide only 1 payment under this subsection with respect to any individual.


(Aug. 14, 1935, ch. 531, title XVIII, § 1860D–42, as added Pub. L. 108–173, title I, § 101(a)(2),Dec. 8, 2003, 117 Stat. 2149; amended Pub. L. 111–152, title I, § 1101(a)(1),Mar. 30, 2010, 124 Stat. 1036.)
References in Text

Section 402 of the Social Security Amendments of 1967, referred to in subsec. (b), is section 402 ofPub. L. 90–248, title IV, Jan. 2, 1968, 81 Stat. 930, which enacted section 1395b–1 of this title and amended section 1395ll of this title.

2010—Subsec. (c). Pub. L. 111–152added subsec. (c).

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42 CFR - Public Health




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