uncovered month

(3) Amount of penalty (A) In general The amount determined under this paragraph for a part D eligible individual for a continuous period of eligibility is the greater of— (i) an amount that the Secretary determines is actuarially sound for each uncovered month (as defined in subparagraph (B)) in the same continuous period of eligibility; or (ii) 1 percent of the base beneficiary premium (computed under paragraph (2) or (8) of subsection (a) (as applicable)) for each such uncovered month in such period. (B) Uncovered month defined For purposes of this subsection, the term “uncovered month” means, with respect to a part D eligible individual, any month beginning after the end of the initial enrollment period under section 1395w–101(b)(2) of this title unless the individual can demonstrate that the individual had creditable prescription drug coverage (as defined in paragraph (4)) for any portion of such month.


42 USC § 1395w-113(b)(3)

Scoping language

For purposes of this subsection
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