42 U.S.C. § 1395w–103
Access to a choice of qualified prescription drug coverage
United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective
Cite this
- Citation
- 42 U.S.C. § 1395w–103, Access to a choice of qualified prescription drug coverage, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/477303
- Permanent ID
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Full text
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.
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.
For purposes of this section, the term “qualifying plan” means—
an MA–PD plan described in section 1395w–21(a)(2)(A)(i) of this title that provides—
In order to ensure access pursuant to subsection (a) in an area—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Medicare Prescription Drug, Improvement, and Modernization Act of 2003