§ 1395w-113. Premiums; late enrollment penalty
(a)
Monthly beneficiary premium
(1)
Computation
(A)
In general
The monthly beneficiary premium for a prescription drug plan is the base beneficiary premium computed under paragraph (2) as adjusted under this paragraph.
(B)
Adjustment to reflect difference between bid and national average bid
(i)
Above average bid
If for a month the amount of the standardized bid amount (as defined in paragraph (5)) exceeds the amount of the adjusted national average monthly bid amount (as defined in clause (iii)), the base beneficiary premium for the month shall be increased by the amount of such excess.
(C)
Increase for supplemental prescription drug benefits
The base beneficiary premium shall be increased by the portion of the PDP approved bid that is attributable to supplemental prescription drug benefits.
(D)
Increase for late enrollment penalty
The base beneficiary premium shall be increased by the amount of any late enrollment penalty under subsection (b) of this section.
(E)
Decrease for low-income assistance
The monthly beneficiary premium is subject to decrease in the case of a subsidy eligible individual under section
1395w–114 of this title.
(2)
Base beneficiary premium
The base beneficiary premium under this paragraph for a prescription drug plan for a month is equal to the product [1] —
(3)
Beneficiary premium percentage
For purposes of this subsection, the beneficiary premium percentage for any year is the percentage equal to a fraction—
(4)
Computation of national average monthly bid amount
(A)
In general
For each year (beginning with 2006) the Secretary shall compute a national average monthly bid amount equal to the average of the standardized bid amounts (as defined in paragraph (5)) for each prescription drug plan and for each MA–PD plan described in section
1395w–21
(a)(2)(A)(i) of this title. Such average does not take into account the bids submitted for MSA plans, MA private fee-for-service plan, and specialized MA plans for special needs individuals, PACE programs under section
1395eee of this title (pursuant to section
1395w–131
(f) of this title), and under reasonable cost reimbursement contracts under section
1395mm
(h) of this title (pursuant to section
1395w–131
(e) of this title).
(B)
Weighted average
(i)
In general
The monthly national average monthly bid amount computed under subparagraph (A) for a year shall be a weighted average, with the weight for each plan being equal to the average number of part D eligible individuals enrolled in such plan in the reference month (as defined in section
1395w–27a
(f)(4) of this title).
(5)
Standardized bid amount defined
For purposes of this subsection, the term “standardized bid amount” means the following:
(b)
Late enrollment penalty
(1)
In general
Subject to the succeeding provisions of this subsection, in the case of a part D eligible individual described in paragraph (2) with respect to a continuous period of eligibility, there shall be an increase in the monthly beneficiary premium established under subsection (a) of this section in an amount determined under paragraph (3).
(2)
Individuals subject to penalty
A part D eligible individual described in this paragraph is, with respect to a continuous period of eligibility, an individual for whom there is a continuous period of 63 days or longer (all of which in such continuous period of eligibility) beginning on the day after the last date of the individual’s initial enrollment period under section
1395w–101
(b)(2) of this title and ending on the date of enrollment under a prescription drug plan or MA–PD plan during all of which the individual was not covered under any creditable prescription drug coverage.
(3)
Amount of penalty
(A)
In general
The amount determined under this paragraph for a part D eligible individual for a continuous period of eligibility is the greater of—
(B)
Uncovered month defined
For purposes of this subsection, the term “uncovered month” means, with respect to a part D eligible individual, any month beginning after the end of the initial enrollment period under section
1395w–101
(b)(2) of this title unless the individual can demonstrate that the individual had creditable prescription drug coverage (as defined in paragraph (4)) for any portion of such month.
(4)
Creditable prescription drug coverage defined
For purposes of this part, the term “creditable prescription drug coverage” means any of the following coverage, but only if the coverage meets the requirement of paragraph (5):
(A)
Coverage under prescription drug plan or MA–PD plan
Coverage under a prescription drug plan or under an MA–PD plan.
(B)
Medicaid
Coverage under a medicaid plan under subchapter XIX of this chapter or under a waiver under section
1315 of this title.
(5)
Actuarial equivalence requirement
Coverage meets the requirement of this paragraph only if the coverage is determined (in a manner specified by the Secretary) to provide coverage of the cost of prescription drugs the actuarial value of which (as defined by the Secretary) to the individual equals or exceeds the actuarial value of standard prescription drug coverage (as determined under section
1395w–111
(c) of this title).
(6)
Procedures to document creditable prescription drug coverage
(A)
In general
The Secretary shall establish procedures (including the form, manner, and time) for the documentation of creditable prescription drug coverage, including procedures to assist in determining whether coverage meets the requirement of paragraph (5).
(B)
Disclosure by entities offering creditable prescription drug coverage
(i)
In general
Each entity that offers prescription drug coverage of the type described in subparagraphs (B) through (H) of paragraph (4) shall provide for disclosure, in a form, manner, and time consistent with standards established by the Secretary, to the Secretary and part D eligible individuals of whether the coverage meets the requirement of paragraph (5) or whether such coverage is changed so it no longer meets such requirement.
(ii)
Disclosure of non-creditable coverage
In the case of such coverage that does not meet such requirement, the disclosure to part D eligible individuals under this subparagraph shall include information regarding the fact that because such coverage does not meet such requirement there are limitations on the periods in a year in which the individuals may enroll under a prescription drug plan or an MA–PD plan and that any such enrollment is subject to a late enrollment penalty under this subsection.
(C)
Waiver of requirement
In the case of a part D eligible individual who was enrolled in prescription drug coverage of the type described in subparagraphs (B) through (H) of paragraph (4) which is not creditable prescription drug coverage because it does not meet the requirement of paragraph (5), the individual may apply to the Secretary to have such coverage treated as creditable prescription drug coverage if the individual establishes that the individual was not adequately informed that such coverage did not meet such requirement.
(7)
Continuous period of eligibility
(A)
In general
Subject to subparagraph (B), for purposes of this subsection, the term “continuous period of eligibility” means, with respect to a part D eligible individual, the period that begins with the first day on which the individual is eligible to enroll in a prescription drug plan under this part and ends with the individual’s death.
(B)
Separate period
Any period during all of which a part D eligible individual is entitled to hospital insurance benefits under part A of this subchapter and—
(i)
which terminated in or before the month preceding the month in which the individual attained age 65; or
(ii)
for which the basis for eligibility for such entitlement changed between section
426
(b) of this title and section
426
(a) of this title, between 426(b) [2] of this title and section
426–1 of this title, or between section
426–1 of this title and section
426
(a) of this title,
shall be a separate continuous period of eligibility with respect to the individual (and each such period which terminates shall be deemed not to have existed for purposes of subsequently applying this paragraph).
(c)
Collection of monthly beneficiary premiums
(1)
In general
Subject to paragraphs (2) and (3), the provisions of section
1395w–24
(d) of this title shall apply to PDP sponsors and premiums (and any late enrollment penalty) under this part in the same manner as they apply to MA organizations and beneficiary premiums under part C of this subchapter, except that any reference to a Trust Fund is deemed for this purpose a reference to the Medicare Prescription Drug Account.
(2)
Crediting of late enrollment penalty
(A)
Portion attributable to increased actuarial costs
With respect to late enrollment penalties imposed under subsection (b) of this section, the Secretary shall specify the portion of such a penalty that the Secretary estimates is attributable to increased actuarial costs assumed by the PDP sponsor or MA organization (and not taken into account through risk adjustment provided under section
1395w–115
(c)(1) of this title or through reinsurance payments under section
1395w–115
(b) of this title) as a result of such late enrollment.
(B)
Collection through withholding
In the case of a late enrollment penalty that is collected from a part D eligible individual in the manner described in section
1395w–24
(d)(2)(A) of this title, the Secretary shall provide that only the portion of such penalty estimated under subparagraph (A) shall be paid to the PDP sponsor or MA organization offering the part D plan in which the individual is enrolled.
(C)
Collection by plan
In the case of a late enrollment penalty that is collected from a part D eligible individual in a manner other than the manner described in section
1395w–24
(d)(2)(A) of this title, the Secretary shall establish procedures for reducing payments otherwise made to the PDP sponsor or MA organization by an amount equal to the amount of such penalty less the portion of such penalty estimated under subparagraph (A).
(3)
Fallback plans
In applying this subsection in the case of a fallback prescription drug plan, paragraph (2) shall not apply and the monthly beneficiary premium shall be collected in the manner specified in section
1395w–24
(d)(2)(A) of this title (or such other manner as may be provided under section
1395s of this title in the case of monthly premiums under section
1395r of this title).
[1] So in original. The word “of” probably should appear after “product”.
[2] So in original. Probably should be “section 426 (b)”.