Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XVIII— - HEALTH INSURANCE FOR AGED AND DISABLED › Part Part D— - Voluntary Prescription Drug Benefit Program › Subpart subpart 2— - prescription drug plans; pdp sponsors; financing › § 1395w–116
Creates a separate “Medicare Prescription Drug Account” inside the Federal Supplementary Medical Insurance Trust Fund. The Account holds gifts and bequests, interest, and any amounts deposited or appropriated for this drug program. Its money is kept separate from other trust funds but is invested and cashed out the same way as the rest of the Trust Fund. The Managing Trustee must pay out money from the Account when the Secretary certifies it is needed to run the drug program, including payments under sections 1395w–114, 1395w–115, 1395w–132(a), 401(g), and 1395w–114d. The Trustee must also transfer amounts to the Grants to States for Medicaid account when increases are due under section 1396u–5(b), and pay PDP sponsors or MA organizations premiums and certain late-enrollment penalty shares. Money paid under section 1396u–5(c) and amounts withheld under sections 1395w–113(c) and 1395w–24(d) go into the Account. The Treasury may appropriate amounts equal to payments made plus a certified contingency margin (reduced by deposits already made), and may provide up to 10 percent of estimated 2006 Account expenditures for initial funding. Any balance moved from the Transitional Assistance Account under section 1395w–141(k)(5) must be deposited into this Account.
Full Legal Text
The Public Health and Welfare — Source: USLM XML via OLRC
Legislative History
Reference
Citation
42 U.S.C. § 1395w–116
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73