Title 42The Public Health and WelfareRelease 119-73

§1395w–133 State Pharmaceutical Assistance Programs

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 3— - application to medicare advantage program and treatment of employer-sponsored programs and other prescription drug plans › § 1395w–133

Last updated Apr 6, 2026|Official source

Summary

By July 1, 2005, the Secretary must make rules so Medicare Part D plans and State Pharmaceutical Assistance Programs work together on things like who pays premiums and who covers extra drug benefits. The rules must cover sharing enrollment files, handling claims (including electronic claims), paying claims, doing payment-reconciliation reports, applying protections so people do not face very high out‑of‑pocket drug costs, and other administrative steps. The rules must also include a way for a Part D plan to use money from a State program to pay for extra drug benefits for people enrolled in that program. The Secretary must talk with states, plan sponsors, pharmacists, drug manufacturers, employers, consumer groups, data experts, and others when making the rules. Part D plan = prescription drug plans and MA–PD plans. State Pharmaceutical Assistance Program = a State program that helps Part D eligible people pay for supplemental drug coverage, gives help to enrollees in any Part D plan without favoring one plan, and follows the rules above. These rules do not change which payer is the main payer. A Part D ID card may also be used for State program benefits and may show a special mark. State program payments can count toward a person’s annual out‑of‑pocket limit. The Secretary will pay State programs that submit and get an approved application. Those payments can be used for education, phone and technical help, counseling, and other activities to improve coordination. Funds for each fiscal year will be split among approved programs based on how many people were enrolled in each program on October 1, 2003. No payments are allowed without an approved application. $62,500,000 is appropriated for each of fiscal years 2005 and 2006 from Treasury funds not otherwise appropriated. States are not required to coordinate with or pay for any Part D plan.

Full Legal Text

Title 42, §1395w–133

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Before July 1, 2005, the Secretary shall establish consistent with this section requirements for prescription drug plans to ensure the effective coordination between a part D plan (as defined in paragraph (5)) and a State Pharmaceutical Assistance Program (as defined in subsection (b)) with respect to—
(A)payment of premiums and coverage; and
(B)payment for supplemental prescription drug benefits,
(2)The requirements under paragraph (1) shall include requirements relating to coordination of each of the following:
(A)Enrollment file sharing.
(B)The processing of claims, including electronic processing.
(C)Claims payment.
(D)Claims reconciliation reports.
(E)Application of the protection against high out-of-pocket expenditures under section 1395w–102(b)(4) of this title.
(F)Other administrative processes specified by the Secretary.
(3)Such requirements shall include a method for the application by a part D plan of specified funding amounts from a State Pharmaceutical Assistance Program for enrolled individuals for supplemental prescription drug benefits.
(4)In establishing requirements under this subsection, the Secretary shall consult with State Pharmaceutical Assistance Programs, MA organizations, States, pharmaceutical benefit managers, employers, representatives of part D eligible individuals, the data processing experts, pharmacists, pharmaceutical manufacturers, and other experts.
(5)For purposes of this section and section 1395w–134 of this title, the term “part D plan” means a prescription drug plan and an MA–PD plan.
(b)For purposes of this part, the term “State Pharmaceutical Assistance Program” means a State program—
(1)which provides financial assistance for the purchase or provision of supplemental prescription drug coverage or benefits on behalf of part D eligible individuals;
(2)which, in determining eligibility and the amount of assistance to part D eligible individuals under the Program, provides assistance to such individuals in all part D plans and does not discriminate based upon the part D plan in which the individual is enrolled; and
(3)which satisfies the requirements of subsections (a) and (c).
(c)(1)The requirements of this section shall not change or affect the primary payor status of a part D plan.
(2)A card that is issued under section 1395w–104(b)(2)(A) of this title for use under a part D plan may also be used in connection with coverage of benefits provided under a State Pharmaceutical Assistance Program and, in such case, may contain an emblem or symbol indicating such connection.
(3)The provisions of section 1395w–134(c) of this title shall apply to the requirements under this section.
(4)In applying section 1395w–102(b)(4)(C)(ii) of this title, expenses incurred under a State Pharmaceutical Assistance Program may be counted toward the annual out-of-pocket threshold.
(5)Nothing in this section shall be construed as requiring a State Pharmaceutical Assistance Program to coordinate or provide financial assistance with respect to any part D plan.
(d)(1)The Secretary shall provide payments to State Pharmaceutical Assistance Programs with an application approved under this subsection.
(2)Payments under this section may be used by a Program for any of the following:
(A)Educating part D eligible individuals enrolled in the Program about the prescription drug coverage available through part D plans under this part.
(B)Providing technical assistance, phone support, and counseling for such enrollees to facilitate selection and enrollment in such plans.
(C)Other activities designed to promote the effective coordination of enrollment, coverage, and payment between such Program and such plans.
(3)Of the amount appropriated to carry out this subsection for a fiscal year, the Secretary shall allocate payments among Programs that have applications approved under paragraph (4) for such fiscal year in proportion to the number of enrollees enrolled in each such Program as of October 1, 2003.
(4)No payments may be made under this subsection except pursuant to an application that is submitted and approved in a time, manner, and form specified by the Secretary.
(5)Out of any funds in the Treasury not otherwise appropriated, there are appropriated for each of fiscal years 2005 and 2006, $62,500,000 to carry out this subsection.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1395w–133

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73