Title 42, The Public Health and WelfareRelease 119-110

§1395w–103 Access to a Choice of Qualified 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 1 — part d eligible individuals and prescription drug benefits › § 1395w–103

Last updated Sep 22, 2026|Official source

Summary

The Secretary must make sure every person eligible for Part D has at least 2 qualifying plans available where they live, and at least one must be a prescription drug plan. If those plans are not available, the person can enroll in a fallback prescription drug plan. If all the qualifying plans in an area are offered by the same company, that does not meet the rule; plans must come from different sponsors. A “qualifying plan” means either a prescription drug plan (PDP) or an MA–PD plan described in section 1395w–21(a)(2)(A)(i) that gives basic drug coverage or qualified supplemental drug coverage without an MA monthly supplemental beneficiary premium because of a rebate credit under section 1395w–24(b)(1)(C). To help meet access, the Secretary may approve limited risk plans under section 1395w–111(f), and only if access still fails, must offer a fallback PDP under section 1395w–111(g).

Full Legal Text

Title 42, §1395w–103

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

(a)Assuring access to a choice of coverage
(1)Choice of at least two plans in each area
The Secretary shall ensure that each part D eligible individual has available, consistent with paragraph (2), a choice of enrollment in at least 2 qualifying plans (as defined in paragraph (3)) in the area in which the individual resides, at least one of which is a prescription drug plan. In any such case in which such plans are not available, the part D eligible individual shall be given the opportunity to enroll in a fallback prescription drug plan.
(2)Requirement for different plan sponsors
The requirement in paragraph (1) is not satisfied with respect to an area if only one entity offers all the qualifying plans in the area.
(3)Qualifying plan defined
For purposes of this section, the term “qualifying plan” means—
(A)a prescription drug plan; or
(B)an MA–PD plan described in section 1395w–21(a)(2)(A)(i) of this title that provides—
(i)basic prescription drug coverage; or
(ii)qualified prescription drug coverage that provides supplemental prescription drug coverage so long as there is no MA monthly supplemental beneficiary premium applied under the plan, due to the application of a credit against such premium of a rebate under section 1395w–24(b)(1)(C) of this title.
(b)Flexibility in risk assumed and application of fallback plan
In order to ensure access pursuant to subsection (a) in an area—
(1)the Secretary may approve limited risk plans under section 1395w–111(f) of this title for the area; and
(2)only if such access is still not provided in the area after applying paragraph (1), the Secretary shall provide for the offering of a fallback prescription drug plan for that area under section 1395w–111(g) of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1395w–103

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110