(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) of this section 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 Secretarys 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 of this chapter, 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 1 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.
