Code of Federal Regulations (alpha)

CFR /  Title 42  /  Part 423: Voluntary Medicare Prescription Drug Benefit

Section No. Description
Section 423.1 Definitions
Section 423.4 Cost-sharing in beneficiary education and enrollment-related costs
Section 423.6 Eligibility and enrollment
Section 423.30 Enrollment process
Section 423.32 Enrollment of low-income subsidy eligible individuals
Section 423.34 Disenrollment process
Section 423.36 Enrollment periods
Section 423.38 Effective dates
Section 423.40 Involuntary disenrollment from Part D coverage
Section 423.44 Late enrollment penalty
Section 423.46 Information about Part D
Section 423.48 Procedures to determine and document creditable status of prescription drug coverage
Section 423.56 Definitions
Section 423.100 Definitions
Section 423.100 Requirements related to qualified prescription drug coverage
Section 423.104 Establishment of prescription drug plan service areas
Section 423.112 Access to covered Part D drugs
Section 423.120 Special rules for out-of-network access to covered Part D drugs at out-of-network pharmacies
Section 423.124 Dissemination of Part D plan information
Section 423.128 Public disclosure of pharmaceutical prices for equivalent drugs
Section 423.132 Privacy, confidentiality, and accuracy of enrollee records
Section 423.136 Scope
Section 423.150 Drug utilization management, quality assurance, and medication therapy management programs (MTMPs)
Section 423.153 Appropriate dispensing of prescription drugs in long-term care facilities under PDPs and MA-PD plans
Section 423.154 Appropriate dispensing of prescription drugs in long-term care facilities under PDPs and MA-PD plans
Section 423.154 Consumer satisfaction surveys
Section 423.156 Electronic prescription drug program
Section 423.159 Standards for electronic prescribing
Section 423.160 Standards for electronic prescribing
Section 423.160 Quality improvement organization activities
Section 423.162 Compliance deemed on the basis of accreditation
Section 423.165 Accreditation organizations
Section 423.168 Procedures for approval of accreditation as a basis for deeming compliance
Section 423.171 Scope
Section 423.251 Definitions
Section 423.258 Submission of bids and related information
Section 423.265 Review and negotiation of bid and approval of plans submitted by potential Part D sponsors
Section 423.272 National average monthly bid amount
Section 423.279 Rules regarding premiums
Section 423.286 Collection of monthly beneficiary premium
Section 423.293 Scope
Section 423.301 Definitions and terminology
Section 423.308 General payment provisions
Section 423.315 Requirement for disclosure of information
Section 423.322 Determination of payments
Section 423.329 Risk-sharing arrangements
Section 423.336 Retroactive adjustments and reconciliations
Section 423.343 Reopening
Section 423.346 Payment appeals
Section 423.350 CMS-identified overpayments associated with payment data submitted by Part D sponsors
Section 423.352 Reporting and returning of overpayments
Section 423.360 General requirements for PDP sponsors
Section 423.401 Waiver of certain requirements to expand choice
Section 423.410 Temporary waivers for entities seeking to offer a prescription drug plan in more than one State in a region
Section 423.415 Solvency standards for non-licensed entities
Section 423.420 Licensure does not substitute for or constitute certification
Section 423.425 Prohibition of State imposition of premium taxes; relation to State laws
Section 423.440 Scope
Section 423.452 Definitions
Section 423.454 Application of Part D rules to certain Part D plans on and after January 1, 2006
Section 423.458 Medicare secondary payer procedures
Section 423.462 Coordination of benefits with other providers of prescription drug coverage
Section 423.464 Timeframes for coordination of benefits and claims adjustments
Section 423.466 Scope
Section 423.500 Definitions
Section 423.501 Definitions
Section 423.501 Application requirements
Section 423.502 Evaluation and determination procedures for applications to be determined qualified to act as a sponsor
Section 423.503 General provisions
Section 423.504 Contract provisions
Section 423.505 Contract provisions
Section 423.505 Effective date and term of contract
Section 423.506 Nonrenewal of contract
Section 423.507 Modification or termination of contract by mutual consent
Section 423.508 Termination of contract by CMS
Section 423.509 Termination of contract by the Part D sponsor
Section 423.510 Minimum enrollment requirements
Section 423.512 Validation of Part D reporting requirements
Section 423.514 Prohibition of midyear implementation of significant new regulatory requirements
Section 423.516 Prompt payment by Part D sponsors
Section 423.520 General provisions
Section 423.551 Novation agreement requirements
Section 423.552 Effect of leasing of a PDP sponsor's facilities
Section 423.553 Scope
Section 423.558 Definitions
Section 423.560 General provisions
Section 423.562 Grievance procedures
Section 423.564 Coverage determinations
Section 423.566 Standard timeframe and notice requirements for coverage determinations
Section 423.568 Expediting certain coverage determinations
Section 423.570 Timeframes and notice requirements for expedited coverage determinations
Section 423.572 Effect of a coverage determination
Section 423.576 Exceptions process
Section 423.578 Right to a redetermination
Section 423.580 Request for a standard redetermination
Section 423.582 Expediting certain redeterminations
Section 423.584 Opportunity to submit evidence
Section 423.586 Timeframes and responsibility for making redeterminations
Section 423.590 Reconsideration by an independent review entity (IRE)
Section 423.600 Notice of reconsideration determination by the independent review entity
Section 423.602 Effect of a reconsideration determination
Section 423.604 How a Part D plan sponsor must effectuate standard redeterminations, reconsiderations, or decisions
Section 423.636 How a Part D plan sponsor must effectuate expedited redeterminations or reconsiderations
Section 423.638 Contract determinations
Section 423.641 Notice of contract determination
Section 423.642 Effect of contract determination
Section 423.643 Right to a hearing, burden of proof, standard of proof, and standards of review
Section 423.650 Request for hearing
Section 423.651 Postponement of effective date of a contract determination when a request for a hearing is filed timely
Section 423.652 Designation of hearing officer
Section 423.653 Disqualification of hearing officer
Section 423.654 Time and place of hearing
Section 423.655 Appointment of representatives
Section 423.656 Authority of representatives
Section 423.657 Conduct of hearing
Section 423.658 Evidence
Section 423.659 Witnesses
Section 423.660 Witnesses lists and documents
Section 423.661 Prehearing and summary judgment
Section 423.662 Record of hearing
Section 423.663 Authority of hearing officer
Section 423.664 Notice and effect of hearing decision
Section 423.665 Review by the Administrator
Section 423.666 Effect of Administrator's decision
Section 423.667 Reopening of a contract determination or decision of a hearing officer or the Administrator
Section 423.668 Types of intermediate sanctions and civil money penalties
Section 423.750 Basis for imposing intermediate sanctions and civil money penalties
Section 423.752 Procedures for imposing intermediate sanctions and civil money penalties
Section 423.756 Collection of civil money penalties imposed by CMS
Section 423.758 Determinations regarding the amount of civil money penalties and assessment imposed by CMS
Section 423.760 Settlement of penalties
Section 423.762 Other applicable provisions
Section 423.764 Basis and scope
Section 423.771 Definitions
Section 423.772 Requirements for eligibility
Section 423.773 Eligibility determinations, redeterminations, and applications
Section 423.774 Premium subsidy
Section 423.780 Cost-sharing subsidy
Section 423.782 Administration of subsidy program
Section 423.800 Scope
Section 423.851 Definitions
Section 423.855 Assuring access to a choice of coverage
Section 423.859 Submission and approval of bids
Section 423.863 Rules regarding premiums
Section 423.867 Contract terms and conditions
Section 423.871 Payment to fallback plans
Section 423.875 Basis and scope
Section 423.880 Definitions
Section 423.882 Requirements for qualified retiree prescription drug plans
Section 423.884 Retiree drug subsidy amounts
Section 423.886 Payment methods, including provision of necessary information
Section 423.888 Appeals
Section 423.890 Change of ownership
Section 423.892 Construction
Section 423.894 Basis and scope
Section 423.900 Definitions
Section 423.902 Eligibility determinations for low-income subsidies
Section 423.904 General payment provisions
Section 423.906 Treatment of territories
Section 423.907 Requirements
Section 423.910 Basis and scope
Section 423.1000 Definitions
Section 423.1002 Scope and applicability
Section 423.1004 Appeal rights
Section 423.1006 Appointment of representatives
Section 423.1008 Authority of representatives
Section 423.1010 Fees for services of representatives
Section 423.1012 Charge for transcripts
Section 423.1014 Filing of briefs with the Administrative Law Judge or Departmental Appeals Board, and opportunity for rebuttal
Section 423.1016 Notice and effect of initial determinations
Section 423.1018 Request for hearing
Section 423.1020 Parties to the hearing
Section 423.1022 Designation of hearing official
Section 423.1024 Disqualification of Administrative Law Judge
Section 423.1026 Prehearing conference
Section 423.1028 Notice of prehearing conference
Section 423.1030 Conduct of prehearing conference
Section 423.1032 Record, order, and effect of prehearing conference
Section 423.1034 Time and place of hearing
Section 423.1036 Change in time and place of hearing
Section 423.1038 Joint hearings
Section 423.1040 Hearing on new issues
Section 423.1042 Subpoenas
Section 423.1044 Conduct of hearing
Section 423.1046 Evidence
Section 423.1048 Witnesses
Section 423.1050 Oral and written summation
Section 423.1052 Record of hearing
Section 423.1054 Waiver of right to appear and present evidence
Section 423.1056 Dismissal of request for hearing
Section 423.1058 Dismissal for abandonment
Section 423.1060 Dismissal for cause
Section 423.1062 Notice and effect of dismissal and right to request review
Section 423.1064 Vacating a dismissal of request for hearing
Section 423.1066 Administrative Law Judge's decision
Section 423.1068 Removal of hearing to Departmental Appeals Board
Section 423.1070 Remand by the Administrative Law Judge
Section 423.1072 Right to request Departmental Appeals Board review of Administrative Law Judge's decision or dismissal
Section 423.1074 Request for Departmental Appeals Board review
Section 423.1076 Departmental Appeals Board action on request for review
Section 423.1078 Procedures before the Departmental Appeals Board on review
Section 423.1080 Evidence admissible on review
Section 423.1082 Decision or remand by the Departmental Appeals Board
Section 423.1084 Effect of Departmental Appeals Board Decision
Section 423.1086 Extension of time for seeking judicial review
Section 423.1088 Basis, timing, and authority for reopening an Administrative Law Judge or Board decision
Section 423.1090 Revision of reopened decision
Section 423.1092 Notice and effect of revised decision
Section 423.1094 Scope
Section 423.1968 Right to an ALJ hearing
Section 423.1970 Request for an ALJ hearing
Section 423.1972 Medicare Appeals Council (MAC) review
Section 423.1974 Judicial review
Section 423.1976 Reopening determinations and decisions
Section 423.1978 Reopenings of coverage determinations, redeterminations, reconsiderations, hearings and reviews
Section 423.1980 Notice of a revised determination or decision
Section 423.1982 Effect of a revised determination or decision
Section 423.1984 Good cause for reopening
Section 423.1986 Expedited access to judicial review
Section 423.1990 Hearing before an ALJ: general rule
Section 423.2000 Right to an ALJ hearing
Section 423.2002 Right to ALJ review of IRE notice of dismissal
Section 423.2004 Parties to an ALJ hearing
Section 423.2008 When CMS, the IRE, or Part D plan sponsors may participate in an ALJ hearing
Section 423.2010 Request for an ALJ hearing
Section 423.2014 Timeframes for deciding an Appeal before an ALJ
Section 423.2016 Submitting evidence before the ALJ hearing
Section 423.2018 Time and place for a hearing before an ALJ
Section 423.2020 Notice of a hearing before an ALJ
Section 423.2022 Objections to the issues
Section 423.2024 Disqualification of the ALJ
Section 423.2026 ALJ hearing procedures
Section 423.2030 Issues before an ALJ
Section 423.2032 When an ALJ may remand a case
Section 423.2034 Description of an ALJ hearing process
Section 423.2036 Deciding a case without a hearing before an ALJ
Section 423.2038 Prehearing and posthearing conferences
Section 423.2040 The administrative record
Section 423.2042 Consolidated hearing before an ALJ
Section 423.2044 Notice of an ALJ decision
Section 423.2046 The effect of an ALJ's decision
Section 423.2048 Removal of a hearing request from an ALJ to the MAC
Section 423.2050 Dismissal of a request for a hearing before an ALJ
Section 423.2052 Effect of dismissal of a request for a hearing before an ALJ
Section 423.2054 Applicability of policies not binding on the ALJ and MAC
Section 423.2062 Applicability of laws, regulations and CMS Rulings
Section 423.2063 Medicare appeals council review: general
Section 423.2100 Request for MAC review when ALJ issues decision or dismissal
Section 423.2102 Where a request for review may be filed
Section 423.2106 MAC Actions when request for review is filed
Section 423.2108 MAC reviews on its own motion
Section 423.2110 Content of request for review
Section 423.2112 Dismissal of request for review
Section 423.2114 Effect of dismissal of request for MAC review or request for hearing
Section 423.2116 Obtaining evidence from the MAC
Section 423.2118 Filing briefs with the MAC
Section 423.2120 What evidence may be submitted to the MAC
Section 423.2122 Oral argument
Section 423.2124 Case remanded by the MAC
Section 423.2126 Action of the MAC
Section 423.2128 Effect of the MAC's decision
Section 423.2130 Extension of time to file action in Federal District Court
Section 423.2134 Judicial review
Section 423.2136 Case remanded by a Federal District Court
Section 423.2138 MAC Review of ALJ decision in a case remanded by a Federal District Court
Section 423.2140 Definitions concerning marketing materials
Section 423.2260 Review and distribution of marketing materials
Section 423.2262 Guidelines for CMS review
Section 423.2264 Standards for Part D marketing
Section 423.2268 Licensing of marketing representatives and confirmation of marketing resources
Section 423.2272 Broker and agent requirements
Section 423.2274 Employer group retiree marketing
Section 423.2276 Scope
Section 423.2300 Definitions
Section 423.2305 Condition for coverage of drugs under Part D
Section 423.2310 Medicare Coverage Gap Discount Program Agreement
Section 423.2315 Payment processes for Part D sponsors
Section 423.2320 Provision of applicable discounts
Section 423.2325 Manufacturer discount payment audit and dispute resolution
Section 423.2330 Beneficiary dispute resolution
Section 423.2335 Compliance monitoring and civil money penalties
Section 423.2340 Termination of Discount Program Agreement
Section 423.2345 Basis and scope
Section 423.2400 Definitions
Section 423.2401 General requirements
Section 423.2410 Calculation of medical loss ratio
Section 423.2420 Activities that improve health care quality
Section 423.2430 Credibility adjustment
Section 423.2440 Reporting requirements
Section 423.2460 Remittance to CMS if the applicable MLR requirement is not met
Section 423.2470 MLR review and non-compliance
Section 423.2480 Payment appeals
Section 423.2600 Request for reconsideration
Section 423.2605 Hearing official review
Section 423.2610 Review by the Administrator
Section 423.2615 Basis and scope