Title 42, The Public Health and WelfareRelease 119-110

§1395w–134 Coordination Requirements for Plans Providing Prescription Drug Coverage

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER XVIII — HEALTH INSURANCE FOR AGED AND DISABLED › Part D — Voluntary Prescription Drug Benefit Program › subpart 3 — application to medicare advantage program and treatment of employer-sponsored programs and other prescription drug plans › § 1395w–134

Last updated Sep 23, 2026|Official source

Summary

The Secretary must apply the benefit coordination rules in 1395w–133(a) to certain prescription drug plans (called Rx plans) the same way those rules apply to a State Pharmaceutical Assistance Program. To the extent the Secretary says, those rules also apply to the procedures in 1395w–102(b)(4)(D). The Secretary may charge user fees to send the information needed for coordination under 1395w–102(b)(4)(D), similar to fees under 1395u(h)(3)(B), and may keep part of those fees to cover costs. The Secretary may not charge those fees to a State Pharmaceutical Assistance Program. An Rx plan means any of the following: a Medicaid state plan under subchapter XIX (including a plan operating under a section 1315 waiver) that meets 1395w–133(b)(2); an employer group health plan; the Federal Employees Health Benefits Program under chapter 89 of title 5; military coverage under chapter 55 of title 10 (including TRICARE); or other drug coverage or financial help for Part D eligible people that the Secretary specifies. These rules do not stop PDP sponsors or MA organizations from using cost management tools (including differential payments) under any method of operation, and they do not change how the procedures in 1395w–102(b)(4)(D) are applied.

Full Legal Text

Title 42, §1395w–134

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

(a)Application of benefit coordination requirements to additional plans
(1)In general
The Secretary shall apply the coordination requirements established under section 1395w–133(a) of this title to Rx plans described in subsection (b) in the same manner as such requirements apply to a State Pharmaceutical Assistance Program.
(2)Application to treatment of certain out-of-pocket expenditures
To the extent specified by the Secretary, the requirements referred to in paragraph (1) shall apply to procedures established under section 1395w–102(b)(4)(D) of this title.
(3)User fees
(A)In general
The Secretary may impose user fees for the transmittal of information necessary for benefit coordination under section 1395w–102(b)(4)(D) of this title in a manner similar to the manner in which user fees are imposed under section 1395u(h)(3)(B) of this title, except that the Secretary may retain a portion of such fees to defray the Secretary’s costs in carrying out procedures under section 1395w–102(b)(4)(D) of this title.
(B)Application
A user fee may not be imposed under subparagraph (A) with respect to a State Pharmaceutical Assistance Program.
(b)Rx Plan
An Rx plan described in this subsection is any of the following:
(1)Medicaid programs
A State plan under subchapter XIX, including such a plan operating under a waiver under section 1315 of this title, if it meets the requirements of section 1395w–133(b)(2) of this title.
(2)Group health plans
An employer group health plan.
(3)FEHBP
The Federal employees health benefits plan under chapter 89 of title 5.
(4)Military coverage (including TRICARE)
Coverage under chapter 55 of title 10.
(5)Other prescription drug coverage
Such other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of part D eligible individuals as the Secretary may specify.
(c)Relation to other provisions
(1)Use of cost management tools
The requirements of this section shall not impair or prevent a PDP sponsor or MA organization from applying cost management tools (including differential payments) under all methods of operation.
(2)No affect on treatment of certain out-of-pocket expenditures
The requirements of this section shall not affect the application of the procedures established under section 1395w–102(b)(4)(D) of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1395w–134

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110