Title 42The Public Health and WelfareRelease 119-73

§1395w–151 Definitions; treatment of references to provisions in part C

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 5— - definitions and miscellaneous provisions › § 1395w–151

Last updated Apr 6, 2026|Official source

Summary

Sets the words and phrases used in this part and says how some Part C rules should be read for drug plans. It lists key terms and where their meanings are found: basic prescription drug coverage (see 1395w–102(a)(3)); covered part D drug (see 1395w–102(e)); creditable prescription drug coverage (see 1395w–113(b)(4)); part D eligible individual (see 1395w–101(a)(3)(A)); fallback prescription drug plan (see 1395w–111(g)(4)); initial coverage limit (the limit in 1395w–102(b)(3) for years before 2025, or the matching limit for nonstandard plans); insurance risk (risk normally taken by state‑licensed insurers and not payment changes tied to a pharmacy’s performance measures like formulary compliance or generic substitution); MA plan (see 1395w–101(a)(3)(B)); MA–PD plan (see 1395w–101(a)(3)(C)); Medicare Prescription Drug Account (see 1395w–116(a)); PDP approved bid (see 1395w–113(a)(6)); PDP region (see 1395w–111(a)(2)); PDP sponsor (a non‑government entity certified under this part); prescription drug plan (drug coverage approved under 1395w–111(e) and offered by a PDP sponsor under a contract at 1395w–112(b)); qualified prescription drug coverage (see 1395w–102(a)(1)); standard prescription drug coverage (see 1395w–102(b)); State Pharmaceutical Assistance Program (see 1395w–133(b)); subsidy eligible individual (see 1395w–114(a)(3)(A)). When Part C rules are used for prescription drug plans, read them with substitutions: read “MA plan” as “prescription drug plan,” “MA organization” or “provider‑sponsored organization” as “PDP sponsor,” a contract under 1395w–27 as a contract under 1395w–112(b), “Part C” as this part, and an “election period” under 1395w–21 as the “enrollment period” under 1395w–101.

Full Legal Text

Title 42, §1395w–151

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

(a)For purposes of this part:
(1)The term “basic prescription drug coverage” is defined in section 1395w–102(a)(3) of this title.
(2)The term “covered part D drug” is defined in section 1395w–102(e) of this title.
(3)The term “creditable prescription drug coverage” has the meaning given such term in section 1395w–113(b)(4) of this title.
(4)The term “part D eligible individual” has the meaning given such term in section 1395w–101(a)(3)(A) of this title.11 See References in Text note below.
(5)The term “fallback prescription drug plan” has the meaning given such term in section 1395w–111(g)(4) of this title.
(6)The term “initial coverage limit” means such limit as established under section 1395w–102(b)(3) of this title for a year before 2025, or, in the case of coverage that is not standard prescription drug coverage, the comparable limit (if any) established under the coverage for such year.
(7)The term “insurance risk” means, with respect to a participating pharmacy, risk of the type commonly assumed only by insurers licensed by a State and does not include payment variations designed to reflect performance-based measures of activities within the control of the pharmacy, such as formulary compliance and generic drug substitution.
(8)The term “MA plan” has the meaning given such term in section 1395w–101(a)(3)(B) of this title.1
(9)The term “MA–PD plan” has the meaning given such term in section 1395w–101(a)(3)(C) of this title.1
(10)The term “Medicare Prescription Drug Account” means the Account created under section 1395w–116(a) of this title.
(11)The term “PDP approved bid” has the meaning given such term in section 1395w–113(a)(6) of this title.
(12)The term “PDP region” means such a region as provided under section 1395w–111(a)(2) of this title.
(13)The term “PDP sponsor” means a nongovernmental entity that is certified under this part as meeting the requirements and standards of this part for such a sponsor.
(14)The term “prescription drug plan” means prescription drug coverage that is offered—
(A)under a policy, contract, or plan that has been approved under section 1395w–111(e) of this title; and
(B)by a PDP sponsor pursuant to, and in accordance with, a contract between the Secretary and the sponsor under section 1395w–112(b) of this title.
(15)The term “qualified prescription drug coverage” is defined in section 1395w–102(a)(1) of this title.
(16)The term “standard prescription drug coverage” is defined in section 1395w–102(b) of this title.
(17)The term “State Pharmaceutical Assistance Program” has the meaning given such term in section 1395w–133(b) of this title.
(18)The term “subsidy eligible individual” has the meaning given such term in section 1395w–114(a)(3)(A) of this title.
(b)For purposes of applying provisions of part C under this part with respect to a prescription drug plan and a PDP sponsor, unless otherwise provided in this part such provisions shall be applied as if—
(1)any reference to an MA plan included a reference to a prescription drug plan;
(2)any reference to an MA organization or a provider-sponsored organization included a reference to a PDP sponsor;
(3)any reference to a contract under section 1395w–27 of this title included a reference to a contract under section 1395w–112(b) of this title;
(4)any reference to part C included a reference to this part; and
(5)any reference to an election period under section 1395w–21 of this title were a reference to an enrollment period under section 1395w–101 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 1395w–101(a)(3) of this title, referred to in subsec. (a)(4), (8), (9), was in the original “section 1860D–1(a)(4)”, and was translated as meaning section 1860D–1(a)(3) of act Aug. 14, 1935, which is classified to section 1395w–101(a)(3) of this title, to reflect the probable intent of Congress, because section 1395w–101(a) of this title does not contain a par. (4) and par. (3) defines terms for purposes of this part.

Amendments

2022—Subsec. (a)(6). Pub. L. 117–169 inserted “for a year before 2025” after “1395w–102(b)(3) of this title” and “for such year” before period at end.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1395w–151

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73