{"identifier":"/us/usc/t42/s1395w\u201322","title":42,"num":"\u00a7\u202f1395w\u201322.","heading":"Benefits and beneficiary protections","text":"\u00a7\u202f1395w\u201322.\nBenefits and beneficiary protections\n(a)\nBasic benefits\n(1)\nRequirement\n(A)\nIn general\nExcept as provided in\nsection 1395w\u201328(b)(3) of this title\nsection 1395w\u201324(f)(1)(A) of this title\n(B)\nBenefits under the original medicare fee-for-service program option defined\n(i)\nIn general\nFor purposes of this part, the term \u201cbenefits under the original medicare fee-for-service program option\u201d means, subject to subsection (m), those items and services (other than hospice care or coverage for organ acquisitions for kidney transplants, including as covered under\nsection 1395rr(d) of this title\n(ii)\nSpecial rule for regional plans\nIn the case of an MA regional plan in determining an actuarially equivalent level of cost-sharing with respect to benefits under the original medicare fee-for-service program option, there shall only be taken into account, with respect to the application of\nsection 1395w\u201327a(b)(2) of this title\n(iii)\nLimitation on variation of cost sharing for certain benefits\nSubject to clause (v), cost-sharing for services described in clause (iv) shall not exceed the cost-sharing required for those services under parts A and B.\n(iv)\nServices described\nThe following services are described in this clause:\n(I) Chemotherapy administration services.\n(II) Renal dialysis services (as defined in\nsection 1395rr(b)(14)(B) of this title\n(III) Skilled nursing care.\n(IV) Clinical diagnostic laboratory test administered during any portion of the emergency period defined in paragraph (1)(B) of\nsection 1320b\u20135(g) of this title\nMarch 18, 2020\n(V) Specified COVID\u201319 testing-related services (as described in section 1395\nl\nl\n(VI) A COVID\u201319 vaccine and its administration described in\nsection 1395x(s)(10)(A) of this title\n(VII) A drug or biological product that is a selected drug (as referred to in\nsection 1320f\u20131(c) of this title\n(VIII) Such other services that the Secretary determines appropriate (including services that the Secretary determines require a high level of predictability and transparency for beneficiaries).\n(v)\nException\nIn the case of services described in clause (iv), other than subclauses (IV), (V), and (VI) of such clause, for which there is no cost-sharing required under parts A and B, cost-sharing may be required for those services in accordance with clause (i).\n(vi)\nProhibition of application of certain requirements for COVID\u201319 testing\nIn the case of a product or service described in subclause (IV) or (V), respectively, of clause (iv) that is administered or furnished during any portion of the emergency period described in such subclause beginning on or after\nMarch 18, 2020\n(2)\nSatisfaction of requirement\n(A)\nIn general\nA Medicare+Choice plan (other than an MSA plan) offered by a Medicare+Choice organization satisfies paragraph (1)(A), with respect to benefits for items and services furnished other than through a provider or other person that has a contract with the organization offering the plan, if the plan provides payment in an amount so that\u2014\n(i) the sum of such payment amount and any cost sharing provided for under the plan, is equal to at least\n(ii) the total dollar amount of payment for such items and services as would otherwise be authorized under parts A and B (including any balance billing permitted under such parts).\n(B)\nReference to related provisions\nFor provision relating to\u2014\n(i) limitations on balance billing against Medicare+Choice organizations for non-contract providers, see subsection (k) and\nsection 1395cc(a)(1)(O) of this title\n(ii) limiting actuarial value of enrollee liability for covered benefits, see\nsection 1395w\u201324(e) of this title\n(C)\nElection of uniform coverage determination\nIn the case of a Medicare+Choice organization that offers a Medicare+Choice plan in an area in which more than one local coverage determination is applied with respect to different parts of the area, the organization may elect to have the local coverage determination for the part of the area that is most beneficial to Medicare+Choice enrollees (as identified by the Secretary) apply with respect to all Medicare+Choice enrollees enrolled in the plan.\n(3)\nSupplemental benefits\n(A)\nBenefits included subject to Secretary\u2019s approval\nSubject to subparagraph (D), each Medicare+Choice organization may provide to individuals enrolled under this part, other than under an MSA plan (without affording those individuals an option to decline the coverage), supplemental health care benefits that the Secretary may approve. The Secretary shall approve any such supplemental benefits unless the Secretary determines that including such supplemental benefits would substantially discourage enrollment by Medicare+Choice eligible individuals with the organization.\n(B)\nAt enrollees\u2019 option\n(i)\nIn general\nSubject to clause (ii), a Medicare+Choice organization may provide to individuals enrolled under this part supplemental health care benefits that the individuals may elect, at their option, to have covered.\n(ii)\nSpecial rule for MSA plans\nA Medicare+Choice organization may not provide, under an MSA plan, supplemental health care benefits that cover the deductible described in\nsection 1395w\u201328(b)(2)(B) of this title\nsection 1395ss(u)(2)(B) of this title\n(C)\nApplication to Medicare+Choice private fee-for-service plans\nNothing in this paragraph shall be construed as preventing a Medicare+Choice private fee-for-service plan from offering supplemental benefits that include payment for some or all of the balance billing amounts permitted consistent with subsection (k) and coverage of additional services that the plan finds to be medically necessary. Such benefits may include reductions in cost-sharing below the actuarial value specified in\nsection 1395w\u201324(e)(4)(B) of this title\n(D)\nExpanding supplemental benefits to meet the needs of chronically ill enrollees\n(i)\nIn general\nFor plan year 2020 and subsequent plan years, in addition to any supplemental health care benefits otherwise provided under this paragraph, an MA plan, including a specialized MA plan for special needs individuals (as defined in\nsection 1395w\u201328(b)(6) of this title\n(ii)\nSupplemental benefits described\n(I)\nIn general\nSupplemental benefits described in this clause are supplemental benefits that, with respect to a chronically ill enrollee, have a reasonable expectation of improving or maintaining the health or overall function of the chronically ill enrollee and may not be limited to being primarily health related benefits.\n(II)\nAuthority to waive uniformity requirements\nThe Secretary may, only with respect to supplemental benefits provided to a chronically ill enrollee under this subparagraph, waive the uniformity requirements under this part, as determined appropriate by the Secretary.\n(iii)\nChronically ill enrollee defined\nIn this subparagraph, the term \u201cchronically ill enrollee\u201d means an enrollee in an MA plan that the Secretary determines\u2014\n(I) has one or more comorbid and medically complex chronic conditions that is life threatening or significantly limits the overall health or function of the enrollee;\n(II) has a high risk of hospitalization or other adverse health outcomes; and\n(III) requires intensive care coordination.\n(4)\nOrganization as secondary payer\nNotwithstanding any other provision of law, a Medicare+Choice organization may (in the case of the provision of items and services to an individual under a Medicare+Choice plan under circumstances in which payment under this subchapter is made secondary pursuant to\n(A) the insurance carrier, employer, or other entity which under such law, plan, or policy is to pay for the provision of such services, or\n(B) such individual to the extent that the individual has been paid under such law, plan, or policy for such services.\n(5)\nNational coverage determinations and legislative changes in benefits\nIf there is a national coverage determination or legislative change in benefits required to be provided under this part made in the period beginning on the date of an announcement under\n(A) such determination or legislative change in benefits shall not apply to contracts under this part until the first contract year that begins after the end of such period, and\n(B) if such coverage determination or legislative change provides for coverage of additional benefits or coverage under additional circumstances,\nsection 1395w\u201321(i)(1) of this title\nThe projection under the previous sentence shall be based on an analysis by the Chief Actuary of the Centers for Medicare & Medicaid Services of the actuarial costs associated with the coverage determination or legislative change in benefits.\n(6)\nSpecial benefit rules for regional plans\nIn the case of an MA plan that is an MA regional plan, benefits under the plan shall include the benefits described in paragraphs (1) and (2) of\nsection 1395w\u201327a(b) of this title\n(7)\nLimitation on cost-sharing for dual eligibles and qualified medicare beneficiaries\nIn the case of an individual who is a full-benefit dual eligible individual (as defined in\nsection 1396u\u20135(c)(6) of this title\nsection 1396d(p)(1) of this title\nsection 1395w\u201328(b)(6)(B)(ii) of this title\n(b)\nAntidiscrimination\n(1)\nBeneficiaries\nA Medicare Advantage organization may not deny, limit, or condition the coverage or provision of benefits under this part, for individuals permitted to be enrolled with the organization under this part, based on any health status-related factor described in section 2702(a)(1) of the Public Health Service Act.\n1\n1 See References in Text note below.\n(2)\nProviders\nA Medicare+Choice organization shall not discriminate with respect to participation, reimbursement, or indemnification as to any provider who is acting within the scope of the provider\u2019s license or certification under applicable State law, solely on the basis of such license or certification. This paragraph shall not be construed to prohibit a plan from including providers only to the extent necessary to meet the needs of the plan\u2019s enrollees or from establishing any measure designed to maintain quality and control costs consistent with the responsibilities of the plan.\n(c)\nDisclosure requirements\n(1)\nDetailed description of plan provisions\nA Medicare+Choice organization shall disclose, in clear, accurate, and standardized form to each enrollee with a Medicare+Choice plan offered by the organization under this part at the time of enrollment and at least annually thereafter, the following information regarding such plan:\n(A)\nService area\nThe plan\u2019s service area.\n(B)\nBenefits\nBenefits offered under the plan, including information described in\nsection 1395w\u201321(d)(3)(A) of this title\n(C)\nAccess\nThe number, mix, and distribution of plan providers, out-of-network coverage (if any) provided by the plan, any point-of-service option (including the supplemental premium for such option), and, in the case of a specified MA plan (as defined in paragraph (3)(C)), for plan year 2028 and subsequent plan years, the information described in paragraph (3)(B).\n(D)\nOut-of-area coverage\nOut-of-area coverage provided by the plan.\n(E)\nEmergency coverage\nCoverage of emergency services, including\u2014\n(i) the appropriate use of emergency services, including use of the 911 telephone system or its local equivalent in emergency situations and an explanation of what constitutes an emergency situation;\n(ii) the process and procedures of the plan for obtaining emergency services; and\n(iii) the locations of (I) emergency departments, and (II) other settings, in which plan physicians and hospitals provide emergency services and post-stabilization care.\n(F)\nSupplemental benefits\nSupplemental benefits available from the organization offering the plan, including\u2014\n(i) whether the supplemental benefits are optional,\n(ii) the supplemental benefits covered, and\n(iii) the Medicare+Choice monthly supplemental beneficiary premium for the supplemental benefits.\n(G)\nPrior authorization rules\nRules regarding prior authorization or other review requirements that could result in nonpayment.\n(H)\nPlan grievance and appeals procedures\nAll plan appeal or grievance rights and procedures.\n(I)\nQuality improvement program\nA description of the organization\u2019s quality improvement program under subsection (e).\n(2)\nDisclosure upon request\nUpon request of a Medicare+Choice eligible individual, a Medicare+Choice organization must provide the following information to such individual:\n(A) The general coverage information and general comparative plan information made available under clauses (i) and (ii) of\nsection 1395w\u201321(d)(2)(A) of this title\n(B) Information on procedures used by the organization to control utilization of services and expenditures.\n(C) Information on the number of grievances, redeterminations, and appeals and on the disposition in the aggregate of such matters.\n(D) An overall summary description as to the method of compensation of participating physicians.\n(3)\nProvider directory accuracy\n(A)\nIn general\nFor plan year 2028 and subsequent plan years, each MA organization offering a specified MA plan (as defined in subparagraph (C)) shall, for each such plan offered by the organization\u2014\n(i) maintain, on a publicly available internet website, an accurate provider directory that includes the information described in subparagraph (B);\n(ii) not less frequently than once every 90 days (or, in the case of a hospital or any other facility determined appropriate by the Secretary, at a lesser frequency specified by the Secretary but in no case less frequently than once every 12 months), verify the provider directory information of each provider listed in such directory and, if applicable, update such information;\n(iii) if the organization is unable to verify such information with respect to a provider, include in such directory an indication that the information of such provider may not be up to date; and\n(iv) remove a provider from such directory within 5 business days if the organization determines that the provider is no longer a provider participating in the network of such plan.\n(B)\nProvider directory information\nThe information described in this subparagraph is information enrollees may need to access covered benefits from a provider with which such organization offering such plan has an agreement for furnishing items and services covered under such plan, such as name, specialty, contact information, primary office or facility addresses where items or services are furnished, whether the provider is accepting new patients, accommodations for people with disabilities, cultural and linguistic capabilities, and telehealth capabilities.\n(C)\nSpecified MA plan\nIn this paragraph, the term \u201cspecified MA plan\u201d means\u2014\n(i) a network-based plan (as defined in subsection (d)(5)(C)); or\n(ii) a Medicare Advantage private fee-for-service plan (as defined in\nsection 1395w\u201328(b)(2) of this title\n(d)\nAccess to services\n(1)\nIn general\nA Medicare+Choice organization offering a Medicare+Choice plan may select the providers from whom the benefits under the plan are provided so long as\u2014\n(A) the organization makes such benefits available and accessible to each individual electing the plan within the plan service area with reasonable promptness and in a manner which assures continuity in the provision of benefits;\n(B) when medically necessary the organization makes such benefits available and accessible 24 hours a day and 7 days a week;\n(C) the plan provides for reimbursement with respect to services which are covered under subparagraphs (A) and (B) and which are provided to such an individual other than through the organization, if\u2014\n(i) the services were not emergency services (as defined in paragraph (3)), but (I) the services were medically necessary and immediately required because of an unforeseen illness, injury, or condition, and (II) it was not reasonable given the circumstances to obtain the services through the organization,\n(ii) the services were renal dialysis services and were provided other than through the organization because the individual was temporarily out of the plan\u2019s service area,\n(iii) the services are maintenance care or post-stabilization care covered under the guidelines established under paragraph (2), or\n(iv) for plan year 2028 and subsequent plan years, in the case of a specified MA plan (as defined in subsection (c)(3)(C)), the services were furnished by a provider that was not participating in the network of such plan but was listed in the provider directory of such plan on the date on which the appointment was made, as described in paragraph (7)(A);\n(D) the organization provides access to appropriate providers, including credentialed specialists, for medically necessary treatment and services; and\n(E) coverage is provided for emergency services (as defined in paragraph (3)) without regard to prior authorization or the emergency care provider\u2019s contractual relationship with the organization.\n(2)\nGuidelines respecting coordination of post-stabilization care\nA Medicare+Choice plan shall comply with such guidelines as the Secretary may prescribe relating to promoting efficient and timely coordination of appropriate maintenance and post-stabilization care of an enrollee after the enrollee has been determined to be stable under\nsection 1395dd of this title\n(3)\n\u201cEmergency services\u201d defined\nIn this subsection\u2014\n(A)\nIn general\nThe term \u201cemergency services\u201d means, with respect to an individual enrolled with an organization, covered inpatient and outpatient services that\u2014\n(i) are furnished by a provider that is qualified to furnish such services under this subchapter, and\n(ii) are needed to evaluate or stabilize an emergency medical condition (as defined in subparagraph (B)).\n(B)\nEmergency medical condition based on prudent layperson\nThe term \u201cemergency medical condition\u201d means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in\u2014\n(i) placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy,\n(ii) serious impairment to bodily functions, or\n(iii) serious dysfunction of any bodily organ or part.\n(4)\nAssuring access to services in Medicare+Choice private fee-for-service plans\nIn addition to any other requirements under this part, in the case of a Medicare+Choice private fee-for-service plan, the organization offering the plan must demonstrate to the Secretary that the organization has sufficient number and range of health care professionals and providers willing to provide services under the terms of the plan. Subject to paragraphs (5) and (6), the Secretary shall find that an organization has met such requirement with respect to any category of health care professional or provider if, with respect to that category of provider\u2014\n(A) the plan has established payment rates for covered services furnished by that category of provider that are not less than the payment rates provided for under part A, part B, or both, for such services, or\n(B) the plan has contracts or agreements (other than deemed contracts or agreements under subsection (j)(6)) with a sufficient number and range of providers within such category to meet the access standards in subparagraphs (A) through (E) of paragraph (1),\nor a combination of both. The previous sentence shall not be construed as restricting the persons from whom enrollees under such a plan may obtain covered benefits, except that, if a plan entirely meets such requirement with respect to a category of health care professional or provider on the basis of subparagraph (B), it may provide for a higher beneficiary copayment in the case of health care professionals and providers of that category who do not have contracts or agreements (other than deemed contracts or agreements under subsection (j)(6)) to provide covered services under the terms of the plan.\n(5)\nRequirement of certain nonemployer Medicare Advantage private fee-for-service plans to use contracts with providers\n(A)\nIn general\nFor plan year 2011 and subsequent plan years, in the case of a Medicare Advantage private fee-for-service plan not described in paragraph (1) or (2) of\nsection 1395w\u201327(i) of this title\n(B)\nNetwork area defined\nFor purposes of subparagraph (A), the term \u201cnetwork area\u201d means, for a plan year, an area which the Secretary identifies (in the Secretary\u2019s announcement of the proposed payment rates for the previous plan year under\nsection 1395w\u201323(b)(1)(B) of this title\n(C)\nNetwork-based plan defined\n(i)\nIn general\nFor purposes of subparagraph (B), the term \u201cnetwork-based plan\u201d means\u2014\n(I) except as provided in clause (ii), a Medicare Advantage plan that is a coordinated care plan described in\nsection 1395w\u201321(a)(2)(A)(i) of this title\n(II) a network-based MSA plan; and\n(III) a reasonable cost reimbursement plan under\nsection 1395mm of this title\n(ii)\nExclusion of non-network regional PPOS\nThe term \u201cnetwork-based plan\u201d shall not include an MA regional plan that, with respect to the area, meets access adequacy standards under this part substantially through the authority of section 422.112(a)(1)(ii) of title 42, Code of Federal Regulations, rather than through written contracts.\n(6)\nRequirement of all employer Medicare Advantage private fee-for-service plans to use contracts with providers\nFor plan year 2011 and subsequent plan years, in the case of a Medicare Advantage private fee-for-service plan that is described in paragraph (1) or (2) of\nsection 1395w\u201327(i) of this title\n(7)\nCost sharing for services furnished based on reliance on incorrect provider directory information\n(A)\nIn general\nFor plan year 2028 and subsequent plan years, if an enrollee in a specified MA plan (as defined in subsection (c)(3)(C)) is furnished an item or service by a provider that is not participating in the network of such plan but is listed in the provider directory of such plan (as required to be provided to an enrollee pursuant to subsection (c)(1)(C)) on the date on which the appointment is made, and if such item or service would otherwise be covered under such plan if furnished by a provider that is participating in the network of such plan, the MA organization offering such plan shall ensure that the enrollee is only responsible for the lesser of\u2014\n(i) the amount of cost sharing that would apply if such provider had been participating in the network of such plan; or\n(ii) the amount of cost sharing that would otherwise apply (without regard to this subparagraph).\n(B)\nNotification requirement\nFor plan year 2028 and subsequent plan years, each MA organization that offers a specified MA plan shall\u2014\n(i) notify enrollees of their cost-sharing protections under this paragraph and make such notifications, to the extent practicable, by not later than the first day of an annual, coordinated election period under\nsection 1395w\u201321(e)(3) of this title\n(ii) include information regarding such cost-sharing protections in the provider directory of each specified MA plan offered by the MA organization.; and\n(iii) notify enrollees of their cost-sharing protections under this paragraph in the first explanation of benefits issued in a plan year.\n(e)\nQuality improvement program\n(1)\nIn general\nEach MA organization shall have an ongoing quality improvement program for the purpose of improving the quality of care provided to enrollees in each MA plan offered by such organization.\n(2)\nChronic care improvement programs\nAs part of the quality improvement program under paragraph (1), each MA organization shall have a chronic care improvement program. Each chronic care improvement program shall have a method for monitoring and identifying enrollees with multiple or sufficiently severe chronic conditions that meet criteria established by the organization for participation under the program.\n(3)\nData\n(A)\nCollection, analysis, and reporting\n(i)\nIn general\nExcept as provided in clauses (ii) and (iii) with respect to plans described in such clauses and subject to subparagraph (B), as part of the quality improvement program under paragraph (1), each MA organization shall provide for the collection, analysis, and reporting of data that permits the measurement of health outcomes and other indices of quality. With respect to MA private fee-for-service plans and MSA plans, the requirements under the preceding sentence may not exceed the requirements under this subparagraph with respect to MA local plans that are preferred provider organization plans, except that, for plan year 2010, the limitation under clause (iii) shall not apply and such requirements shall apply only with respect to administrative claims data.\n(ii)\nSpecial requirements for specialized MA plans for special needs individuals\nIn addition to the data required to be collected, analyzed, and reported under clause (i) and notwithstanding the limitations under subparagraph (B), as part of the quality improvement program under paragraph (1), each MA organization offering a specialized Medicare Advantage plan for special needs individuals shall provide for the collection, analysis, and reporting of data that permits the measurement of health outcomes and other indices of quality with respect to the requirements described in paragraphs (2) through (5) of subsection (f). Such data may be based on claims data and shall be at the plan level.\n(iii)\nApplication to local preferred provider organizations and MA regional plans\nClause (i) shall apply to MA organizations with respect to MA local plans that are preferred provider organization plans and to MA regional plans only insofar as services are furnished by providers or services, physicians, and other health care practitioners and suppliers that have contracts with such organization to furnish services under such plans.\n(iv)\nDefinition of preferred provider organization plan\nIn this subparagraph, the term \u201cpreferred provider organization plan\u201d means an MA plan that\u2014\n(I) has a network of providers that have agreed to a contractually specified reimbursement for covered benefits with the organization offering the plan;\n(II) provides for reimbursement for all covered benefits regardless of whether such benefits are provided within such network of providers; and\n(III) is offered by an organization that is not licensed or organized under State law as a health maintenance organization.\n(B)\nLimitations\n(i)\nTypes of data\nThe Secretary shall not collect under subparagraph (A) data on quality, outcomes, and beneficiary satisfaction to facilitate consumer choice and program administration other than the types of data that were collected by the Secretary as of\nNovember 1, 2003\n(ii)\nChanges in types of data\nSubject to subclause (iii), the Secretary may only change the types of data that are required to be submitted under subparagraph (A) after submitting to Congress a report on the reasons for such changes that was prepared in consultation with MA organizations and private accrediting bodies.\n(iii)\nConstruction\nNothing in the\n2\n2 So in original. Probably should be \u201cthis\u201d.\nsection 1395w\u201321(d)(4)(D) of this title\n(4)\nTreatment of accreditation\n(A)\nIn general\nThe Secretary shall provide that a Medicare+Choice organization is deemed to meet all the requirements described in any specific clause of subparagraph (B) if the organization is accredited (and periodically reaccredited) by a private accrediting organization under a process that the Secretary has determined assures that the accrediting organization applies and enforces standards that meet or exceed the standards established under\nsection 1395w\u201326 of this title\n(B)\nRequirements described\nThe provisions described in this subparagraph are the following:\n(i) Paragraphs (1) through (3) of this subsection (relating to quality improvement programs).\n(ii) Subsection (b) (relating to antidiscrimination).\n(iii) Subsection (d) (relating to access to services).\n(iv) Subsection (h) (relating to confidentiality and accuracy of enrollee records).\n(v) Subsection (i) (relating to information on advance directives).\n(vi) Subsection (j) (relating to provider participation rules).\n(vii) The requirements described in\nsection 1395w\u2013104(j) of this title\nsection 1395w\u2013131(c) of this title\n(C)\nTimely action on applications\nThe Secretary shall determine, within 210 days after the date the Secretary receives an application by a private accrediting organization and using the criteria specified in\nsection 1395bb(a)(2) of this title\n(D)\nConstruction\nNothing in this paragraph shall be construed as limiting the authority of the Secretary under\nsection 1395w\u201327 of this title\n(f)\nGrievance mechanism\nEach Medicare+Choice organization must provide meaningful procedures for hearing and resolving grievances between the organization (including any entity or individual through which the organization provides health care services) and enrollees with Medicare+Choice plans of the organization under this part.\n(g)\nCoverage determinations, reconsiderations, and appeals\n(1)\nDeterminations by organization\n(A)\nIn general\nA Medicare+Choice organization shall have a procedure for making determinations regarding whether an individual enrolled with the plan of the organization under this part is entitled to receive a health service under this section and the amount (if any) that the individual is required to pay with respect to such service. Subject to paragraph (3), such procedures shall provide for such determination to be made on a timely basis.\n(B)\nExplanation of determination\nSuch a determination that denies coverage, in whole or in part, shall be in writing and shall include a statement in understandable language of the reasons for the denial and a description of the reconsideration and appeals processes.\n(2)\nReconsiderations\n(A)\nIn general\nThe organization shall provide for reconsideration of a determination described in paragraph (1)(B) upon request by the enrollee involved. The reconsideration shall be within a time period specified by the Secretary, but shall be made, subject to paragraph (3), not later than 60 days after the date of the receipt of the request for reconsideration.\n(B)\nPhysician decision on certain reconsiderations\nA reconsideration relating to a determination to deny coverage based on a lack of medical necessity shall be made only by a physician with appropriate expertise in the field of medicine which necessitates treatment who is other than a physician involved in the initial determination.\n(3)\nExpedited determinations and reconsiderations\n(A)\nReceipt of requests\n(i)\nEnrollee requests\nAn enrollee in a Medicare+Choice plan may request, either in writing or orally, an expedited determination under paragraph (1) or an expedited reconsideration under paragraph (2) by the Medicare+\u00d0Choice organization.\n(ii)\nPhysician requests\nA physician, regardless whether the physician is affiliated with the organization or not, may request, either in writing or orally, such an expedited determination or reconsideration.\n(B)\nOrganization procedures\n(i)\nIn general\nThe Medicare+Choice organization shall maintain procedures for expediting organization determinations and reconsiderations when, upon request of an enrollee, the organization determines that the application of the normal time frame for making a determination (or a reconsideration involving a determination) could seriously jeopardize the life or health of the enrollee or the enrollee\u2019s ability to regain maximum function.\n(ii)\nExpedition required for physician requests\nIn the case of a request for an expedited determination or reconsideration made under subparagraph (A)(ii), the organization shall expedite the determination or reconsideration if the request indicates that the application of the normal time frame for making a determination (or a reconsideration involving a determination) could seriously jeopardize the life or health of the enrollee or the enrollee\u2019s ability to regain maximum function.\n(iii)\nTimely response\nIn cases described in clauses (i) and (ii), the organization shall notify the enrollee (and the physician involved, as appropriate) of the determination or reconsideration under time limitations established by the Secretary, but not later than 72 hours of the time of receipt of the request for the determination or reconsideration (or receipt of the information necessary to make the determination or reconsideration), or such longer period as the Secretary may permit in specified cases.\n(4)\nIndependent review of certain coverage denials\nThe Secretary shall contract with an independent, outside entity to review and resolve in a timely manner reconsiderations that affirm denial of coverage, in whole or in part. The provisions of\nsection 1395ff(c)(5) of this title\n(5)\nAppeals\nAn enrollee with a Medicare+Choice plan of a Medicare+Choice organization under this part who is dissatisfied by reason of the enrollee\u2019s failure to receive any health service to which the enrollee believes the enrollee is entitled and at no greater charge than the enrollee believes the enrollee is required to pay is entitled, if the amount in controversy is $100 or more, to a hearing before the Secretary to the same extent as is provided in\nsection 405(b) of this title\nsection 405(g) of this title\nsection 405 of this title\nl\nsection 1395ff(b)(1)(E)(iii) of this title\nsection 1395ff(b)(1)(E)(i) of this title\n(h)\nConfidentiality and accuracy of enrollee records\nInsofar as a Medicare+Choice organization maintains medical records or other health information regarding enrollees under this part, the Medicare+Choice organization shall establish procedures\u2014\n(1) to safeguard the privacy of any individually identifiable enrollee information;\n(2) to maintain such records and information in a manner that is accurate and timely; and\n(3) to assure timely access of enrollees to such records and information.\n(i)\nInformation on advance directives\nEach Medicare+Choice organization shall meet the requirement of\nsection 1395cc(f) of this title\n(j)\nRules regarding provider participation\n(1)\nProcedures\nInsofar as a Medicare+Choice organization offers benefits under a Medicare+Choice plan through agreements with physicians, the organization shall establish reasonable procedures relating to the participation (under an agreement between a physician and the organization) of physicians under such a plan. Such procedures shall include\u2014\n(A) providing notice of the rules regarding participation,\n(B) providing written notice of participation decisions that are adverse to physicians, and\n(C) providing a process within the organization for appealing such adverse decisions, including the presentation of information and views of the physician regarding such decision.\n(2)\nConsultation in medical policies\nA Medicare+Choice organization shall consult with physicians who have entered into participation agreements with the organization regarding the organization\u2019s medical policy, quality, and medical management procedures.\n(3)\nProhibiting interference with provider advice to enrollees\n(A)\nIn general\nSubject to subparagraphs (B) and (C), a Medicare+Choice organization (in relation to an individual enrolled under a Medicare+\u00d0Choice plan offered by the organization under this part) shall not prohibit or otherwise restrict a covered health care professional (as defined in subparagraph (D)) from advising such an individual who is a patient of the professional about the health status of the individual or medical care or treatment for the individual\u2019s condition or disease, regardless of whether benefits for such care or treatment are provided under the plan, if the professional is acting within the lawful scope of practice.\n(B)\nConscience protection\nSubparagraph (A) shall not be construed as requiring a Medicare+Choice plan to provide, reimburse for, or provide coverage of a counseling or referral service if the Medicare+\u00d0Choice organization offering the plan\u2014\n(i) objects to the provision of such service on moral or religious grounds; and\n(ii) in the manner and through the written instrumentalities such Medicare+\u00d0Choice organization deems appropriate, makes available information on its policies regarding such service to prospective enrollees before or during enrollment and to enrollees within 90 days after the date that the organization or plan adopts a change in policy regarding such a counseling or referral service.\n(C)\nConstruction\nNothing in subparagraph (B) shall be construed to affect disclosure requirements under State law or under the Employee Retirement Income Security Act of 1974 [\n29 U.S.C. 1001\n(D)\n\u201cHealth care professional\u201d defined\nFor purposes of this paragraph, the term \u201chealth care professional\u201d means a physician (as defined in\nsection 1395x(r) of this title\n(4)\nLimitations on physician incentive plans\n(A)\nIn general\nNo Medicare+Choice organization may operate any physician incentive plan (as defined in subparagraph (B)) unless the organization provides assurances satisfactory to the Secretary that the following requirements are met:\n(i) No specific payment is made directly or indirectly under the plan to a physician or physician group as an inducement to reduce or limit medically necessary services provided with respect to a specific individual enrolled with the organization.\n(ii) If the plan places a physician or physician group at substantial financial risk (as determined by the Secretary) for services not provided by the physician or physician group, the organization provides stop-loss protection for the physician or group that is adequate and appropriate, based on standards developed by the Secretary that take into account the number of physicians placed at such substantial financial risk in the group or under the plan and the number of individuals enrolled with the organization who receive services from the physician or group.\n(B)\n\u201cPhysician incentive plan\u201d defined\nIn this paragraph, the term \u201cphysician incentive plan\u201d means any compensation arrangement between a Medicare+Choice organization and a physician or physician group that may directly or indirectly have the effect of reducing or limiting services provided with respect to individuals enrolled with the organization under this part.\n(5)\nLimitation on provider indemnification\nA Medicare+Choice organization may not provide (directly or indirectly) for a health care professional, provider of services, or other entity providing health care services (or group of such professionals, providers, or entities) to indemnify the organization against any liability resulting from a civil action brought for any damage caused to an enrollee with a Medicare+Choice plan of the organization under this part by the organization\u2019s denial of medically necessary care.\n(6)\nSpecial rules for Medicare+Choice private fee-for-service plans\nFor purposes of applying this part (including subsection (k)(1)) and\n(A) the provider, professional, or other entity furnishes services that are covered under the plan to such an enrollee; and\n(B) before providing such services, the provider, professional, or other entity\u2014\n(i) has been informed of the individual\u2019s enrollment under the plan, and\n(ii) either\u2014\n(I) has been informed of the terms and conditions of payment for such services under the plan, or\n(II) is given a reasonable opportunity to obtain information concerning such terms and conditions,\nin a manner reasonably designed to effect informed agreement by a provider.\nThe previous sentence shall only apply in the absence of an explicit agreement between such a provider, professional, or other entity and the Medicare+Choice organization.\n(7)\nPromotion of e-prescribing by MA plans\n(A)\nIn general\nAn MA\u2013PD plan may provide for a separate payment or otherwise provide for a differential payment for a participating physician that prescribes covered part D drugs in accordance with an electronic prescription drug program that meets standards established under\nsection 1395w\u2013104(e) of this title\n(B)\nConsiderations\nSuch payment may take into consideration the costs of the physician in implementing such a program and may also be increased for those participating physicians who significantly increase\u2014\n(i) formulary compliance;\n(ii) lower cost, therapeutically equivalent alternatives;\n(iii) reductions in adverse drug interactions; and\n(iv) efficiencies in filing prescriptions through reduced administrative costs.\n(C)\nStructure\nAdditional or increased payments under this subsection may be structured in the same manner as medication therapy management fees are structured under section 1395w\u2013104(c)(2)(E)\n1\n(k)\nTreatment of services furnished by certain providers\n(1)\nIn general\nExcept as provided in paragraph (2), a physician or other entity (other than a provider of services) that does not have a contract establishing payment amounts for services furnished to an individual enrolled under this part with a Medicare+Choice organization described in\nsection 1395w\u201321(a)(2)(A) of this title\n(2)\nApplication to Medicare+Choice private fee-for-service plans\n(A)\nBalance billing limits under Medicare+\u00d0Choice private fee-for-service plans in case of contract providers\n(i)\nIn general\nIn the case of an individual enrolled in a Medicare+Choice private fee-for-service plan under this part, a physician, provider of services, or other entity that has a contract (including through the operation of subsection (j)(6)) establishing a payment rate for services furnished to the enrollee shall accept as payment in full for covered services under this subchapter that are furnished to such an individual an amount not to exceed (including any deductibles, coinsurance, copayments, or balance billing otherwise permitted under the plan) an amount equal to 115 percent of such payment rate.\n(ii)\nProcedures to enforce limits\nThe Medicare+Choice organization that offers such a plan shall establish procedures, similar to the procedures described in\nsection 1395w\u20134(g)(1)(A) of this title\n(iii)\nAssuring enforcement\nIf the Medicare+Choice organization fails to establish and enforce procedures required under clause (ii), the organization is subject to intermediate sanctions under\nsection 1395w\u201327(g) of this title\n(B)\nEnrollee liability for noncontract providers\nFor provision\u2014\n(i) establishing minimum payment rate in the case of noncontract providers under a Medicare+Choice private fee-for-service plan, see subsection (a)(2); or\n(ii) limiting enrollee liability in the case of covered services furnished by such providers, see paragraph (1) and\nsection 1395cc(a)(1)(O) of this title\n(C)\nInformation on beneficiary liability\n(i)\nIn general\nEach Medicare+Choice organization that offers a Medicare+Choice private fee-for-service plan shall provide that enrollees under the plan who are furnished services for which payment is sought under the plan are provided an appropriate explanation of benefits (consistent with that provided under parts A and B and, if applicable, under medicare supplemental policies) that includes a clear statement of the amount of the enrollee\u2019s liability (including any liability for balance billing consistent with this subsection) with respect to payments for such services.\n(ii)\nAdvance notice before receipt of in\u00adpatient hospital services and certain other services\nIn addition, such organization shall, in its terms and conditions of payments to hospitals for inpatient hospital services and for other services identified by the Secretary for which the amount of the balance billing under subparagraph (A) could be substantial, require the hospital to provide to the enrollee, before furnishing such services and if the hospital imposes balance billing under subparagraph (A)\u2014\n(I) notice of the fact that balance billing is permitted under such subparagraph for such services, and\n(II) a good faith estimate of the likely amount of such balance billing (if any), with respect to such services, based upon the presenting condition of the enrollee.\n(l)\nReturn to home skilled nursing facilities for covered post-hospital extended care services\n(1)\nEnsuring return to home SNF\n(A)\nIn general\nIn providing coverage of post-hospital extended care services, a Medicare+Choice plan shall provide for such coverage through a home skilled nursing facility if the following conditions are met:\n(i)\nEnrollee election\nThe enrollee elects to receive such coverage through such facility.\n(ii)\nSNF agreement\nThe facility has a contract with the Medicare+Choice organization for the provision of such services, or the facility agrees to accept substantially similar payment under the same terms and conditions that apply to similarly situated skilled nursing facilities that are under contract with the Medicare+Choice organization for the provision of such services and through which the enrollee would otherwise receive such services.\n(B)\nManner of payment to home SNF\nThe organization shall provide payment to the home skilled nursing facility consistent with the contract or the agreement described in subparagraph (A)(ii), as the case may be.\n(2)\nNo less favorable coverage\nThe coverage provided under paragraph (1) (including scope of services, cost-sharing, and other criteria of coverage) shall be no less favorable to the enrollee than the coverage that would be provided to the enrollee with respect to a skilled nursing facility the post-hospital extended care services of which are otherwise covered under the Medicare+Choice plan.\n(3)\nRule of construction\nNothing in this subsection shall be construed to do the following:\n(A) To require coverage through a skilled nursing facility that is not otherwise qualified to provide benefits under part A for medicare beneficiaries not enrolled in a Medicare+Choice plan.\n(B) To prevent a skilled nursing facility from refusing to accept, or imposing conditions upon the acceptance of, an enrollee for the receipt of post-hospital extended care services.\n(4)\nDefinitions\nIn this subsection:\n(A)\nHome skilled nursing facility\nThe term \u201chome skilled nursing facility\u201d means, with respect to an enrollee who is entitled to receive post-hospital extended care services under a Medicare+Choice plan, any of the following skilled nursing facilities:\n(i)\nSNF residence at time of admission\nThe skilled nursing facility in which the enrollee resided at the time of admission to the hospital preceding the receipt of such post-hospital extended care services.\n(ii)\nSNF in continuing care retirement community\nA skilled nursing facility that is providing such services through a continuing care retirement community (as defined in subparagraph (B)) which provided residence to the enrollee at the time of such admission.\n(iii)\nSNF residence of spouse at time of discharge\nThe skilled nursing facility in which the spouse of the enrollee is residing at the time of discharge from such hospital.\n(B)\nContinuing care retirement community\nThe term \u201ccontinuing care retirement community\u201d means, with respect to an enrollee in a Medicare+Choice plan, an arrangement under which housing and health-related services are provided (or arranged) through an organization for the enrollee under an agreement that is effective for the life of the enrollee or for a specified period.\n(m)\nProvision of additional telehealth benefits\n(1)\nMA plan option\nFor plan year 2020 and subsequent plan years, subject to the requirements of paragraph (3), an MA plan may provide additional telehealth benefits (as defined in paragraph (2)) to individuals enrolled under this part.\n(2)\nAdditional telehealth benefits defined\n(A)\nIn general\nFor purposes of this subsection and\n(i)\nDefinition\nThe term \u201cadditional telehealth benefits\u201d means services\u2014\n(I) for which benefits are available under part B, including services for which payment is not made under\nsection 1395m(m) of this title\n(II) that are identified for such year as clinically appropriate to furnish using electronic information and telecommunications technology when a physician (as defined in\nsection 1395x(r) of this title\nsection 1395u(b)(18)(C) of this title\n(ii)\nExclusion of capital and infrastructure costs and investments\nThe term \u201cadditional telehealth benefits\u201d does not include capital and infrastructure costs and investments relating to such benefits.\n(B)\nPublic comment\nNot later than\n(i) what types of items and services (including those provided through supplemental health care benefits, such as remote patient monitoring, secure messaging, store and forward technologies, and other non-face-to-face communication) should be considered to be additional telehealth benefits; and\n(ii) the requirements for the provision or furnishing of such benefits (such as training and coordination requirements).\n(3)\nRequirements for additional telehealth benefits\nThe Secretary shall specify requirements for the provision or furnishing of additional telehealth benefits, including with respect to the following:\n(A) Physician or practitioner qualifications (other than licensure) and other requirements such as specific training.\n(B) Factors necessary for the coordination of such benefits with other items and services including those furnished in-person.\n(C) Such other areas as determined by the Secretary.\n(4)\nEnrollee choice\nIf an MA plan provides a service as an additional telehealth benefit (as defined in paragraph (2))\u2014\n(A) the MA plan shall also provide access to such benefit through an in-person visit (and not only as an additional telehealth benefit); and\n(B) an individual enrollee shall have discretion as to whether to receive such service through the in-person visit or as an additional telehealth benefit.\n(5)\nTreatment under MA\nFor purposes of this subsection and\nsection 1395w\u201324 of this title\n(6)\nConstruction\nNothing in this subsection shall be construed as affecting the requirement under subsection (a)(1) that MA plans provide enrollees with items and services (other than hospice care) for which benefits are available under parts A and B, including benefits available under\nsection 1395m(m) of this title\n(n)\nProvision of information relating to the safe disposal of certain prescription drugs\n(1)\nIn general\nIn the case of an individual enrolled under an MA or MA\u2013PD plan who is furnished an in-home health risk assessment on or after\nJanuary 1, 2021\n(2)\nCriteria\nThe Secretary shall, through rulemaking, establish criteria the Secretary determines appropriate with respect to information provided to an individual to ensure that such information sufficiently educates such individual on the safe disposal of prescription drugs that are controlled substances.","url":"https://projectusc.org/usc/t42/s1395w\u201322.html","content":[{"t":"sec","id":"/us/usc/t42/s1395w\u201322","children":[{"t":"num","text":"\u00a7\u202f1395w\u201322."},{"t":"heading","text":"Benefits and beneficiary protections"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Basic benefits"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Requirement"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Except as provided in ","children":[{"t":"ref","text":"section 1395w\u201328(b)(3) of this title","href":"/us/usc/t42/s1395w\u201328/b/3","tail":" for MSA plans and except as provided in paragraph (6) for MA regional plans, each Medicare+Choice plan shall provide to members enrolled under this part, through providers and other persons that meet the applicable requirements of this subchapter and part A of subchapter XI, benefits under the original medicare fee-for-service program option (and, for plan years before 2006, additional benefits required under "},{"t":"ref","text":"section 1395w\u201324(f)(1)(A) of this title","href":"/us/usc/t42/s1395w\u201324/f/1/A","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Benefits under the original medicare fee-for-service program option defined"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/1/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For purposes of this part, the term \u201cbenefits under the original medicare fee-for-service program option\u201d means, subject to subsection (m), those items and services (other than hospice care or coverage for organ acquisitions for kidney transplants, including as covered under ","children":[{"t":"ref","text":"section 1395rr(d) of this title","href":"/us/usc/t42/s1395rr/d","tail":") for which benefits are available under parts A and B to individuals entitled to benefits under part A and enrolled under part B, with cost-sharing for those services as required under parts A and B or, subject to clause (iii), an actuarially equivalent level of cost-sharing as determined in this part."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/1/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Special rule for regional plans"},{"t":"content","children":[{"t":"p","text":"In the case of an MA regional plan in determining an actuarially equivalent level of cost-sharing with respect to benefits under the original medicare fee-for-service program option, there shall only be taken into account, with respect to the application of ","children":[{"t":"ref","text":"section 1395w\u201327a(b)(2) of this title","href":"/us/usc/t42/s1395w\u201327a/b/2","tail":", such expenses only with respect to subparagraph (A) of such section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/1/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Limitation on variation of cost sharing for certain benefits"},{"t":"content","children":[{"t":"p","text":"Subject to clause (v), cost-sharing for services described in clause (iv) shall not exceed the cost-sharing required for those services under parts A and B.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/1/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"heading","text":"Services described"},{"t":"chapeau","text":"The following services are described in this clause:"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/1/B/iv/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" Chemotherapy administration services.","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/1/B/iv/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" Renal dialysis services (as defined in ","children":[{"t":"ref","text":"section 1395rr(b)(14)(B) of this title","href":"/us/usc/t42/s1395rr/b/14/B","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/1/B/iv/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" Skilled nursing care.","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/1/B/iv/IV","children":[{"t":"num","text":"(IV)"},{"t":"content","text":" Clinical diagnostic laboratory test administered during any portion of the emergency period defined in paragraph (1)(B) of ","children":[{"t":"ref","text":"section 1320b\u20135(g) of this title","href":"/us/usc/t42/s1320b\u20135/g","tail":" beginning on or after "},{"t":"text","text":"March 18, 2020","tail":", for the detection of SARS\u2013CoV\u20132 or the diagnosis of the virus that causes COVID\u201319 and the administration of such test."}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/1/B/iv/V","children":[{"t":"num","text":"(V)"},{"t":"content","text":" Specified COVID\u201319 testing-related services (as described in section 1395","children":[{"t":"text","text":"l","tail":"(cc)(1) of this title) for which payment would be payable under a specified outpatient payment provision described in section 1395"},{"t":"text","text":"l","tail":"(cc)(2) of this title."}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/1/B/iv/VI","children":[{"t":"num","text":"(VI)"},{"t":"content","text":" A COVID\u201319 vaccine and its administration described in ","children":[{"t":"ref","text":"section 1395x(s)(10)(A) of this title","href":"/us/usc/t42/s1395x/s/10/A","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/1/B/iv/VII","children":[{"t":"num","text":"(VII)"},{"t":"content","text":" A drug or biological product that is a selected drug (as referred to in ","children":[{"t":"ref","text":"section 1320f\u20131(c) of this title","href":"/us/usc/t42/s1320f\u20131/c","tail":")."}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/1/B/iv/VIII","children":[{"t":"num","text":"(VIII)"},{"t":"content","text":" Such other services that the Secretary determines appropriate (including services that the Secretary determines require a high level of predictability and transparency for beneficiaries).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/1/B/v","children":[{"t":"num","text":"(v)"},{"t":"heading","text":"Exception"},{"t":"content","children":[{"t":"p","text":"In the case of services described in clause (iv), other than subclauses (IV), (V), and (VI) of such clause, for which there is no cost-sharing required under parts A and B, cost-sharing may be required for those services in accordance with clause (i).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/1/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"heading","text":"Prohibition of application of certain requirements for COVID\u201319 testing"},{"t":"content","children":[{"t":"p","text":"In the case of a product or service described in subclause (IV) or (V), respectively, of clause (iv) that is administered or furnished during any portion of the emergency period described in such subclause beginning on or after ","children":[{"t":"text","text":"March 18, 2020","tail":", an MA plan may not impose any prior authorization or other utilization management requirements with respect to the coverage of such a product or service under such plan."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Satisfaction of requirement"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"A Medicare+Choice plan (other than an MSA plan) offered by a Medicare+Choice organization satisfies paragraph (1)(A), with respect to benefits for items and services furnished other than through a provider or other person that has a contract with the organization offering the plan, if the plan provides payment in an amount so that\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the sum of such payment amount and any cost sharing provided for under the plan, is equal to at least","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the total dollar amount of payment for such items and services as would otherwise be authorized under parts A and B (including any balance billing permitted under such parts).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Reference to related provisions"},{"t":"chapeau","text":"For provision relating to\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" limitations on balance billing against Medicare+Choice organizations for non-contract providers, see subsection (k) and ","children":[{"t":"ref","text":"section 1395cc(a)(1)(O) of this title","href":"/us/usc/t42/s1395cc/a/1/O","tail":", and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" limiting actuarial value of enrollee liability for covered benefits, see ","children":[{"t":"ref","text":"section 1395w\u201324(e) of this title","href":"/us/usc/t42/s1395w\u201324/e","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Election of uniform coverage determination"},{"t":"content","children":[{"t":"p","text":"In the case of a Medicare+Choice organization that offers a Medicare+Choice plan in an area in which more than one local coverage determination is applied with respect to different parts of the area, the organization may elect to have the local coverage determination for the part of the area that is most beneficial to Medicare+Choice enrollees (as identified by the Secretary) apply with respect to all Medicare+Choice enrollees enrolled in the plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Supplemental benefits"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Benefits included subject to Secretary\u2019s approval"},{"t":"content","children":[{"t":"p","text":"Subject to subparagraph (D), each Medicare+Choice organization may provide to individuals enrolled under this part, other than under an MSA plan (without affording those individuals an option to decline the coverage), supplemental health care benefits that the Secretary may approve. The Secretary shall approve any such supplemental benefits unless the Secretary determines that including such supplemental benefits would substantially discourage enrollment by Medicare+Choice eligible individuals with the organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"At enrollees\u2019 option"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Subject to clause (ii), a Medicare+Choice organization may provide to individuals enrolled under this part supplemental health care benefits that the individuals may elect, at their option, to have covered.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Special rule for MSA plans"},{"t":"content","children":[{"t":"p","text":"A Medicare+Choice organization may not provide, under an MSA plan, supplemental health care benefits that cover the deductible described in ","children":[{"t":"ref","text":"section 1395w\u201328(b)(2)(B) of this title","href":"/us/usc/t42/s1395w\u201328/b/2/B","tail":". In applying the previous sentence, health benefits described in "},{"t":"ref","text":"section 1395ss(u)(2)(B) of this title","href":"/us/usc/t42/s1395ss/u/2/B","tail":" shall not be treated as covering such deductible."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/3/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Application to Medicare+Choice private fee-for-service plans"},{"t":"content","children":[{"t":"p","text":"Nothing in this paragraph shall be construed as preventing a Medicare+Choice private fee-for-service plan from offering supplemental benefits that include payment for some or all of the balance billing amounts permitted consistent with subsection (k) and coverage of additional services that the plan finds to be medically necessary. Such benefits may include reductions in cost-sharing below the actuarial value specified in ","children":[{"t":"ref","text":"section 1395w\u201324(e)(4)(B) of this title","href":"/us/usc/t42/s1395w\u201324/e/4/B","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/3/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Expanding supplemental benefits to meet the needs of chronically ill enrollees"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/3/D/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For plan year 2020 and subsequent plan years, in addition to any supplemental health care benefits otherwise provided under this paragraph, an MA plan, including a specialized MA plan for special needs individuals (as defined in ","children":[{"t":"ref","text":"section 1395w\u201328(b)(6) of this title","href":"/us/usc/t42/s1395w\u201328/b/6","tail":"), may provide supplemental benefits described in clause (ii) to a chronically ill enrollee (as defined in clause (iii))."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/3/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Supplemental benefits described"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/3/D/ii/I","children":[{"t":"num","text":"(I)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Supplemental benefits described in this clause are supplemental benefits that, with respect to a chronically ill enrollee, have a reasonable expectation of improving or maintaining the health or overall function of the chronically ill enrollee and may not be limited to being primarily health related benefits.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/3/D/ii/II","children":[{"t":"num","text":"(II)"},{"t":"heading","text":"Authority to waive uniformity requirements"},{"t":"content","children":[{"t":"p","text":"The Secretary may, only with respect to supplemental benefits provided to a chronically ill enrollee under this subparagraph, waive the uniformity requirements under this part, as determined appropriate by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/a/3/D/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Chronically ill enrollee defined"},{"t":"chapeau","text":"In this subparagraph, the term \u201cchronically ill enrollee\u201d means an enrollee in an MA plan that the Secretary determines\u2014"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/3/D/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" has one or more comorbid and medically complex chronic conditions that is life threatening or significantly limits the overall health or function of the enrollee;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/3/D/iii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" has a high risk of hospitalization or other adverse health outcomes; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/a/3/D/iii/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" requires intensive care coordination.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Organization as secondary payer"},{"t":"chapeau","text":"Notwithstanding any other provision of law, a Medicare+Choice organization may (in the case of the provision of items and services to an individual under a Medicare+Choice plan under circumstances in which payment under this subchapter is made secondary pursuant to ","children":[{"t":"ref","text":"section 1395y(b)(2) of this title","href":"/us/usc/t42/s1395y/b/2","tail":") charge or authorize the provider of such services to charge, in accordance with the charges allowed under a law, plan, or policy described in such section\u2014"}]},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the insurance carrier, employer, or other entity which under such law, plan, or policy is to pay for the provision of such services, or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" such individual to the extent that the individual has been paid under such law, plan, or policy for such services.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/a/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"National coverage determinations and legislative changes in benefits"},{"t":"chapeau","text":"If there is a national coverage determination or legislative change in benefits required to be provided under this part made in the period beginning on the date of an announcement under ","children":[{"t":"ref","text":"section 1395w\u201323(b) of this title","href":"/us/usc/t42/s1395w\u201323/b","tail":" and ending on the date of the next announcement under such section and the Secretary projects that the determination will result in a significant change in the costs to a Medicare+Choice organization of providing the benefits that are the subject of such national coverage determination and that such change in costs was not incorporated in the determination of the annual Medicare+Choice capitation rate under "},{"t":"ref","text":"section 1395w\u201323 of this title","href":"/us/usc/t42/s1395w\u201323","tail":" included in the announcement made at the beginning of such period, then, unless otherwise required by law\u2014"}]},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" such determination or legislative change in benefits shall not apply to contracts under this part until the first contract year that begins after the end of such period, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/a/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" if such coverage determination or legislative change provides for coverage of additional benefits or coverage under additional circumstances, ","children":[{"t":"ref","text":"section 1395w\u201321(i)(1) of this title","href":"/us/usc/t42/s1395w\u201321/i/1","tail":" shall not apply to payment for such additional benefits or benefits provided under such additional circumstances until the first contract year that begins after the end of such period."}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"The projection under the previous sentence shall be based on an analysis by the Chief Actuary of the Centers for Medicare & Medicaid Services of the actuarial costs associated with the coverage determination or legislative change in benefits.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/a/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Special benefit rules for regional plans"},{"t":"content","children":[{"t":"p","text":"In the case of an MA plan that is an MA regional plan, benefits under the plan shall include the benefits described in paragraphs (1) and (2) of ","children":[{"t":"ref","text":"section 1395w\u201327a(b) of this title","href":"/us/usc/t42/s1395w\u201327a/b","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/a/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Limitation on cost-sharing for dual eligibles and qualified medicare beneficiaries"},{"t":"content","children":[{"t":"p","text":"In the case of an individual who is a full-benefit dual eligible individual (as defined in ","children":[{"t":"ref","text":"section 1396u\u20135(c)(6) of this title","href":"/us/usc/t42/s1396u\u20135/c/6","tail":") or a qualified medicare beneficiary (as defined in "},{"t":"ref","text":"section 1396d(p)(1) of this title","href":"/us/usc/t42/s1396d/p/1","tail":") and who is enrolled in a specialized Medicare Advantage plan for special needs individuals described in "},{"t":"ref","text":"section 1395w\u201328(b)(6)(B)(ii) of this title","href":"/us/usc/t42/s1395w\u201328/b/6/B/ii","tail":", the plan may not impose cost-sharing that exceeds the amount of cost-sharing that would be permitted with respect to the individual under subchapter XIX if the individual were not enrolled in such plan."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Antidiscrimination"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Beneficiaries"},{"t":"content","children":[{"t":"p","text":"A Medicare Advantage organization may not deny, limit, or condition the coverage or provision of benefits under this part, for individuals permitted to be enrolled with the organization under this part, based on any health status-related factor described in section 2702(a)(1) of the Public Health Service Act.","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" The Secretary shall not approve a plan of an organization if the Secretary determines that the design of the plan and its benefits are likely to substantially discourage enrollment by certain MA eligible individuals with the organization."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Providers"},{"t":"content","children":[{"t":"p","text":"A Medicare+Choice organization shall not discriminate with respect to participation, reimbursement, or indemnification as to any provider who is acting within the scope of the provider\u2019s license or certification under applicable State law, solely on the basis of such license or certification. This paragraph shall not be construed to prohibit a plan from including providers only to the extent necessary to meet the needs of the plan\u2019s enrollees or from establishing any measure designed to maintain quality and control costs consistent with the responsibilities of the plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Disclosure requirements"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Detailed description of plan provisions"},{"t":"chapeau","text":"A Medicare+Choice organization shall disclose, in clear, accurate, and standardized form to each enrollee with a Medicare+Choice plan offered by the organization under this part at the time of enrollment and at least annually thereafter, the following information regarding such plan:"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Service area"},{"t":"content","children":[{"t":"p","text":"The plan\u2019s service area.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Benefits"},{"t":"content","children":[{"t":"p","text":"Benefits offered under the plan, including information described in ","children":[{"t":"ref","text":"section 1395w\u201321(d)(3)(A) of this title","href":"/us/usc/t42/s1395w\u201321/d/3/A","tail":" and exclusions from coverage and, if it is an MSA plan, a comparison of benefits under such a plan with benefits under other Medicare+Choice plans."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/1/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Access"},{"t":"content","children":[{"t":"p","text":"The number, mix, and distribution of plan providers, out-of-network coverage (if any) provided by the plan, any point-of-service option (including the supplemental premium for such option), and, in the case of a specified MA plan (as defined in paragraph (3)(C)), for plan year 2028 and subsequent plan years, the information described in paragraph (3)(B).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/1/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Out-of-area coverage"},{"t":"content","children":[{"t":"p","text":"Out-of-area coverage provided by the plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/1/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Emergency coverage"},{"t":"chapeau","text":"Coverage of emergency services, including\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/1/E/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the appropriate use of emergency services, including use of the 911 telephone system or its local equivalent in emergency situations and an explanation of what constitutes an emergency situation;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/1/E/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the process and procedures of the plan for obtaining emergency services; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/1/E/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the locations of (I) emergency departments, and (II) other settings, in which plan physicians and hospitals provide emergency services and post-stabilization care.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/1/F","children":[{"t":"num","text":"(F)"},{"t":"heading","text":"Supplemental benefits"},{"t":"chapeau","text":"Supplemental benefits available from the organization offering the plan, including\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/1/F/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" whether the supplemental benefits are optional,","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/1/F/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the supplemental benefits covered, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/1/F/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the Medicare+Choice monthly supplemental beneficiary premium for the supplemental benefits.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/1/G","children":[{"t":"num","text":"(G)"},{"t":"heading","text":"Prior authorization rules"},{"t":"content","children":[{"t":"p","text":"Rules regarding prior authorization or other review requirements that could result in nonpayment.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/1/H","children":[{"t":"num","text":"(H)"},{"t":"heading","text":"Plan grievance and appeals procedures"},{"t":"content","children":[{"t":"p","text":"All plan appeal or grievance rights and procedures.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/1/I","children":[{"t":"num","text":"(I)"},{"t":"heading","text":"Quality improvement program"},{"t":"content","children":[{"t":"p","text":"A description of the organization\u2019s quality improvement program under subsection (e).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Disclosure upon request"},{"t":"chapeau","text":"Upon request of a Medicare+Choice eligible individual, a Medicare+Choice organization must provide the following information to such individual:"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" The general coverage information and general comparative plan information made available under clauses (i) and (ii) of ","children":[{"t":"ref","text":"section 1395w\u201321(d)(2)(A) of this title","href":"/us/usc/t42/s1395w\u201321/d/2/A","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Information on procedures used by the organization to control utilization of services and expenditures.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Information on the number of grievances, redeterminations, and appeals and on the disposition in the aggregate of such matters.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" An overall summary description as to the method of compensation of participating physicians.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/c/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Provider directory accuracy"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For plan year 2028 and subsequent plan years, each MA organization offering a specified MA plan (as defined in subparagraph (C)) shall, for each such plan offered by the organization\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" maintain, on a publicly available internet website, an accurate provider directory that includes the information described in subparagraph (B);","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" not less frequently than once every 90 days (or, in the case of a hospital or any other facility determined appropriate by the Secretary, at a lesser frequency specified by the Secretary but in no case less frequently than once every 12 months), verify the provider directory information of each provider listed in such directory and, if applicable, update such information;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/3/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" if the organization is unable to verify such information with respect to a provider, include in such directory an indication that the information of such provider may not be up to date; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/3/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" remove a provider from such directory within 5 business days if the organization determines that the provider is no longer a provider participating in the network of such plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Provider directory information"},{"t":"content","children":[{"t":"p","text":"The information described in this subparagraph is information enrollees may need to access covered benefits from a provider with which such organization offering such plan has an agreement for furnishing items and services covered under such plan, such as name, specialty, contact information, primary office or facility addresses where items or services are furnished, whether the provider is accepting new patients, accommodations for people with disabilities, cultural and linguistic capabilities, and telehealth capabilities.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/c/3/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Specified MA plan"},{"t":"chapeau","text":"In this paragraph, the term \u201cspecified MA plan\u201d means\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/3/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a network-based plan (as defined in subsection (d)(5)(C)); or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/c/3/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a Medicare Advantage private fee-for-service plan (as defined in ","children":[{"t":"ref","text":"section 1395w\u201328(b)(2) of this title","href":"/us/usc/t42/s1395w\u201328/b/2","tail":") that meets the access standards under subsection (d)(4), in whole or in part, through entering into contracts or agreements as provided for under subparagraph (B) of such subsection."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Access to services"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"A Medicare+Choice organization offering a Medicare+Choice plan may select the providers from whom the benefits under the plan are provided so long as\u2014"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the organization makes such benefits available and accessible to each individual electing the plan within the plan service area with reasonable promptness and in a manner which assures continuity in the provision of benefits;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" when medically necessary the organization makes such benefits available and accessible 24 hours a day and 7 days a week;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/1/C","children":[{"t":"num","text":"(C)"},{"t":"chapeau","text":" the plan provides for reimbursement with respect to services which are covered under subparagraphs (A) and (B) and which are provided to such an individual other than through the organization, if\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/1/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the services were not emergency services (as defined in paragraph (3)), but (I) the services were medically necessary and immediately required because of an unforeseen illness, injury, or condition, and (II) it was not reasonable given the circumstances to obtain the services through the organization,","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/1/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the services were renal dialysis services and were provided other than through the organization because the individual was temporarily out of the plan\u2019s service area,","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/1/C/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the services are maintenance care or post-stabilization care covered under the guidelines established under paragraph (2), or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/1/C/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" for plan year 2028 and subsequent plan years, in the case of a specified MA plan (as defined in subsection (c)(3)(C)), the services were furnished by a provider that was not participating in the network of such plan but was listed in the provider directory of such plan on the date on which the appointment was made, as described in paragraph (7)(A);","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the organization provides access to appropriate providers, including credentialed specialists, for medically necessary treatment and services; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/1/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" coverage is provided for emergency services (as defined in paragraph (3)) without regard to prior authorization or the emergency care provider\u2019s contractual relationship with the organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Guidelines respecting coordination of post-stabilization care"},{"t":"content","children":[{"t":"p","text":"A Medicare+Choice plan shall comply with such guidelines as the Secretary may prescribe relating to promoting efficient and timely coordination of appropriate maintenance and post-stabilization care of an enrollee after the enrollee has been determined to be stable under ","children":[{"t":"ref","text":"section 1395dd of this title","href":"/us/usc/t42/s1395dd","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"\u201cEmergency services\u201d defined"},{"t":"chapeau","text":"In this subsection\u2014"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cemergency services\u201d means, with respect to an individual enrolled with an organization, covered inpatient and outpatient services that\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" are furnished by a provider that is qualified to furnish such services under this subchapter, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" are needed to evaluate or stabilize an emergency medical condition (as defined in subparagraph (B)).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Emergency medical condition based on prudent layperson"},{"t":"chapeau","text":"The term \u201cemergency medical condition\u201d means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy,","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" serious impairment to bodily functions, or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/3/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" serious dysfunction of any bodily organ or part.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/d/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Assuring access to services in Medicare+Choice private fee-for-service plans"},{"t":"chapeau","text":"In addition to any other requirements under this part, in the case of a Medicare+Choice private fee-for-service plan, the organization offering the plan must demonstrate to the Secretary that the organization has sufficient number and range of health care professionals and providers willing to provide services under the terms of the plan. Subject to paragraphs (5) and (6), the Secretary shall find that an organization has met such requirement with respect to any category of health care professional or provider if, with respect to that category of provider\u2014"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the plan has established payment rates for covered services furnished by that category of provider that are not less than the payment rates provided for under part A, part B, or both, for such services, or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the plan has contracts or agreements (other than deemed contracts or agreements under subsection (j)(6)) with a sufficient number and range of providers within such category to meet the access standards in subparagraphs (A) through (E) of paragraph (1),","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"or a combination of both. The previous sentence shall not be construed as restricting the persons from whom enrollees under such a plan may obtain covered benefits, except that, if a plan entirely meets such requirement with respect to a category of health care professional or provider on the basis of subparagraph (B), it may provide for a higher beneficiary copayment in the case of health care professionals and providers of that category who do not have contracts or agreements (other than deemed contracts or agreements under subsection (j)(6)) to provide covered services under the terms of the plan.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/d/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Requirement of certain nonemployer Medicare Advantage private fee-for-service plans to use contracts with providers"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/5/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For plan year 2011 and subsequent plan years, in the case of a Medicare Advantage private fee-for-service plan not described in paragraph (1) or (2) of ","children":[{"t":"ref","text":"section 1395w\u201327(i) of this title","href":"/us/usc/t42/s1395w\u201327/i","tail":" operating in a network area (as defined in subparagraph (B)), the plan shall meet the access standards under paragraph (4) in that area only through entering into written contracts as provided for under subparagraph (B) of such paragraph and not, in whole or in part, through the establishment of payment rates meeting the requirements under subparagraph (A) of such paragraph."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/5/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Network area defined"},{"t":"content","children":[{"t":"p","text":"For purposes of subparagraph (A), the term \u201cnetwork area\u201d means, for a plan year, an area which the Secretary identifies (in the Secretary\u2019s announcement of the proposed payment rates for the previous plan year under ","children":[{"t":"ref","text":"section 1395w\u201323(b)(1)(B) of this title","href":"/us/usc/t42/s1395w\u201323/b/1/B","tail":") as having at least 2 network-based plans (as defined in subparagraph (C)) with enrollment under this part as of the first day of the year in which such announcement is made."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/5/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Network-based plan defined"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/5/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For purposes of subparagraph (B), the term \u201cnetwork-based plan\u201d means\u2014"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/d/5/C/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" except as provided in clause (ii), a Medicare Advantage plan that is a coordinated care plan described in ","children":[{"t":"ref","text":"section 1395w\u201321(a)(2)(A)(i) of this title","href":"/us/usc/t42/s1395w\u201321/a/2/A/i","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/d/5/C/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" a network-based MSA plan; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/d/5/C/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" a reasonable cost reimbursement plan under ","children":[{"t":"ref","text":"section 1395mm of this title","href":"/us/usc/t42/s1395mm","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/5/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Exclusion of non-network regional PPOS"},{"t":"content","children":[{"t":"p","text":"The term \u201cnetwork-based plan\u201d shall not include an MA regional plan that, with respect to the area, meets access adequacy standards under this part substantially through the authority of section 422.112(a)(1)(ii) of title 42, Code of Federal Regulations, rather than through written contracts.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/d/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Requirement of all employer Medicare Advantage private fee-for-service plans to use contracts with providers"},{"t":"content","children":[{"t":"p","text":"For plan year 2011 and subsequent plan years, in the case of a Medicare Advantage private fee-for-service plan that is described in paragraph (1) or (2) of ","children":[{"t":"ref","text":"section 1395w\u201327(i) of this title","href":"/us/usc/t42/s1395w\u201327/i","tail":", the plan shall meet the access standards under paragraph (4) only through entering into written contracts as provided for under subparagraph (B) of such paragraph and not, in whole or in part, through the establishment of payment rates meeting the requirements under subparagraph (A) of such paragraph."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/d/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Cost sharing for services furnished based on reliance on incorrect provider directory information"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/7/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For plan year 2028 and subsequent plan years, if an enrollee in a specified MA plan (as defined in subsection (c)(3)(C)) is furnished an item or service by a provider that is not participating in the network of such plan but is listed in the provider directory of such plan (as required to be provided to an enrollee pursuant to subsection (c)(1)(C)) on the date on which the appointment is made, and if such item or service would otherwise be covered under such plan if furnished by a provider that is participating in the network of such plan, the MA organization offering such plan shall ensure that the enrollee is only responsible for the lesser of\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/7/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the amount of cost sharing that would apply if such provider had been participating in the network of such plan; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/7/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the amount of cost sharing that would otherwise apply (without regard to this subparagraph).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/d/7/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Notification requirement"},{"t":"chapeau","text":"For plan year 2028 and subsequent plan years, each MA organization that offers a specified MA plan shall\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/7/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" notify enrollees of their cost-sharing protections under this paragraph and make such notifications, to the extent practicable, by not later than the first day of an annual, coordinated election period under ","children":[{"t":"ref","text":"section 1395w\u201321(e)(3) of this title","href":"/us/usc/t42/s1395w\u201321/e/3","tail":" with respect to a year;"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/7/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" include information regarding such cost-sharing protections in the provider directory of each specified MA plan offered by the MA organization.; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/d/7/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" notify enrollees of their cost-sharing protections under this paragraph in the first explanation of benefits issued in a plan year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Quality improvement program"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Each MA organization shall have an ongoing quality improvement program for the purpose of improving the quality of care provided to enrollees in each MA plan offered by such organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Chronic care improvement programs"},{"t":"content","children":[{"t":"p","text":"As part of the quality improvement program under paragraph (1), each MA organization shall have a chronic care improvement program. Each chronic care improvement program shall have a method for monitoring and identifying enrollees with multiple or sufficiently severe chronic conditions that meet criteria established by the organization for participation under the program.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Data"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/e/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Collection, analysis, and reporting"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Except as provided in clauses (ii) and (iii) with respect to plans described in such clauses and subject to subparagraph (B), as part of the quality improvement program under paragraph (1), each MA organization shall provide for the collection, analysis, and reporting of data that permits the measurement of health outcomes and other indices of quality. With respect to MA private fee-for-service plans and MSA plans, the requirements under the preceding sentence may not exceed the requirements under this subparagraph with respect to MA local plans that are preferred provider organization plans, except that, for plan year 2010, the limitation under clause (iii) shall not apply and such requirements shall apply only with respect to administrative claims data.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Special requirements for specialized MA plans for special needs individuals"},{"t":"content","children":[{"t":"p","text":"In addition to the data required to be collected, analyzed, and reported under clause (i) and notwithstanding the limitations under subparagraph (B), as part of the quality improvement program under paragraph (1), each MA organization offering a specialized Medicare Advantage plan for special needs individuals shall provide for the collection, analysis, and reporting of data that permits the measurement of health outcomes and other indices of quality with respect to the requirements described in paragraphs (2) through (5) of subsection (f). Such data may be based on claims data and shall be at the plan level.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/3/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Application to local preferred provider organizations and MA regional plans"},{"t":"content","children":[{"t":"p","text":"Clause (i) shall apply to MA organizations with respect to MA local plans that are preferred provider organization plans and to MA regional plans only insofar as services are furnished by providers or services, physicians, and other health care practitioners and suppliers that have contracts with such organization to furnish services under such plans.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/3/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"heading","text":"Definition of preferred provider organization plan"},{"t":"chapeau","text":"In this subparagraph, the term \u201cpreferred provider organization plan\u201d means an MA plan that\u2014"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/e/3/A/iv/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" has a network of providers that have agreed to a contractually specified reimbursement for covered benefits with the organization offering the plan;","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/e/3/A/iv/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" provides for reimbursement for all covered benefits regardless of whether such benefits are provided within such network of providers; and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/e/3/A/iv/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" is offered by an organization that is not licensed or organized under State law as a health maintenance organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/e/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Limitations"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Types of data"},{"t":"content","children":[{"t":"p","text":"The Secretary shall not collect under subparagraph (A) data on quality, outcomes, and beneficiary satisfaction to facilitate consumer choice and program administration other than the types of data that were collected by the Secretary as of ","children":[{"t":"text","text":"November 1, 2003","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Changes in types of data"},{"t":"content","children":[{"t":"p","text":"Subject to subclause (iii), the Secretary may only change the types of data that are required to be submitted under subparagraph (A) after submitting to Congress a report on the reasons for such changes that was prepared in consultation with MA organizations and private accrediting bodies.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/3/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Construction"},{"t":"content","children":[{"t":"p","text":"Nothing in the\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Probably should be \u201cthis\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201cthis\u201d.","tail":" subsection shall be construed as restricting the ability of the Secretary to carry out the duties under "},{"t":"ref","text":"section 1395w\u201321(d)(4)(D) of this title","href":"/us/usc/t42/s1395w\u201321/d/4/D","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/e/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Treatment of accreditation"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/e/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary shall provide that a Medicare+Choice organization is deemed to meet all the requirements described in any specific clause of subparagraph (B) if the organization is accredited (and periodically reaccredited) by a private accrediting organization under a process that the Secretary has determined assures that the accrediting organization applies and enforces standards that meet or exceed the standards established under ","children":[{"t":"ref","text":"section 1395w\u201326 of this title","href":"/us/usc/t42/s1395w\u201326","tail":" to carry out the requirements in such clause."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/e/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Requirements described"},{"t":"chapeau","text":"The provisions described in this subparagraph are the following:"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/4/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" Paragraphs (1) through (3) of this subsection (relating to quality improvement programs).","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/4/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" Subsection (b) (relating to antidiscrimination).","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/4/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" Subsection (d) (relating to access to services).","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/4/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" Subsection (h) (relating to confidentiality and accuracy of enrollee records).","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/4/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" Subsection (i) (relating to information on advance directives).","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/4/B/vi","children":[{"t":"num","text":"(vi)"},{"t":"content","text":" Subsection (j) (relating to provider participation rules).","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/e/4/B/vii","children":[{"t":"num","text":"(vii)"},{"t":"content","text":" The requirements described in ","children":[{"t":"ref","text":"section 1395w\u2013104(j) of this title","href":"/us/usc/t42/s1395w\u2013104/j","tail":", to the extent such requirements apply under "},{"t":"ref","text":"section 1395w\u2013131(c) of this title","href":"/us/usc/t42/s1395w\u2013131/c","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/e/4/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Timely action on applications"},{"t":"content","children":[{"t":"p","text":"The Secretary shall determine, within 210 days after the date the Secretary receives an application by a private accrediting organization and using the criteria specified in ","children":[{"t":"ref","text":"section 1395bb(a)(2) of this title","href":"/us/usc/t42/s1395bb/a/2","tail":", whether the process of the private accrediting organization meets the requirements with respect to any specific clause in subparagraph (B) with respect to which the application is made. The Secretary may not deny such an application on the basis that it seeks to meet the requirements with respect to only one, or more than one, such specific clause."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/e/4/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Construction"},{"t":"content","children":[{"t":"p","text":"Nothing in this paragraph shall be construed as limiting the authority of the Secretary under ","children":[{"t":"ref","text":"section 1395w\u201327 of this title","href":"/us/usc/t42/s1395w\u201327","tail":", including the authority to terminate contracts with Medicare+Choice organizations under subsection (c)(2) of such section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Grievance mechanism"},{"t":"content","children":[{"t":"p","text":"Each Medicare+Choice organization must provide meaningful procedures for hearing and resolving grievances between the organization (including any entity or individual through which the organization provides health care services) and enrollees with Medicare+Choice plans of the organization under this part.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Coverage determinations, reconsiderations, and appeals"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/g/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Determinations by organization"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/g/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"A Medicare+Choice organization shall have a procedure for making determinations regarding whether an individual enrolled with the plan of the organization under this part is entitled to receive a health service under this section and the amount (if any) that the individual is required to pay with respect to such service. Subject to paragraph (3), such procedures shall provide for such determination to be made on a timely basis.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/g/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Explanation of determination"},{"t":"content","children":[{"t":"p","text":"Such a determination that denies coverage, in whole or in part, shall be in writing and shall include a statement in understandable language of the reasons for the denial and a description of the reconsideration and appeals processes.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/g/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Reconsiderations"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/g/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The organization shall provide for reconsideration of a determination described in paragraph (1)(B) upon request by the enrollee involved. The reconsideration shall be within a time period specified by the Secretary, but shall be made, subject to paragraph (3), not later than 60 days after the date of the receipt of the request for reconsideration.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/g/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Physician decision on certain reconsiderations"},{"t":"content","children":[{"t":"p","text":"A reconsideration relating to a determination to deny coverage based on a lack of medical necessity shall be made only by a physician with appropriate expertise in the field of medicine which necessitates treatment who is other than a physician involved in the initial determination.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/g/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Expedited determinations and reconsiderations"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/g/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Receipt of requests"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/g/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Enrollee requests"},{"t":"content","children":[{"t":"p","text":"An enrollee in a Medicare+Choice plan may request, either in writing or orally, an expedited determination under paragraph (1) or an expedited reconsideration under paragraph (2) by the Medicare+\u00d0Choice organization.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/g/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Physician requests"},{"t":"content","children":[{"t":"p","text":"A physician, regardless whether the physician is affiliated with the organization or not, may request, either in writing or orally, such an expedited determination or reconsideration.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/g/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Organization procedures"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/g/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Medicare+Choice organization shall maintain procedures for expediting organization determinations and reconsiderations when, upon request of an enrollee, the organization determines that the application of the normal time frame for making a determination (or a reconsideration involving a determination) could seriously jeopardize the life or health of the enrollee or the enrollee\u2019s ability to regain maximum function.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/g/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Expedition required for physician requests"},{"t":"content","children":[{"t":"p","text":"In the case of a request for an expedited determination or reconsideration made under subparagraph (A)(ii), the organization shall expedite the determination or reconsideration if the request indicates that the application of the normal time frame for making a determination (or a reconsideration involving a determination) could seriously jeopardize the life or health of the enrollee or the enrollee\u2019s ability to regain maximum function.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/g/3/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Timely response"},{"t":"content","children":[{"t":"p","text":"In cases described in clauses (i) and (ii), the organization shall notify the enrollee (and the physician involved, as appropriate) of the determination or reconsideration under time limitations established by the Secretary, but not later than 72 hours of the time of receipt of the request for the determination or reconsideration (or receipt of the information necessary to make the determination or reconsideration), or such longer period as the Secretary may permit in specified cases.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/g/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Independent review of certain coverage denials"},{"t":"content","children":[{"t":"p","text":"The Secretary shall contract with an independent, outside entity to review and resolve in a timely manner reconsiderations that affirm denial of coverage, in whole or in part. The provisions of ","children":[{"t":"ref","text":"section 1395ff(c)(5) of this title","href":"/us/usc/t42/s1395ff/c/5","tail":" shall apply to independent outside entities under contract with the Secretary under this paragraph."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/g/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Appeals"},{"t":"content","children":[{"t":"p","text":"An enrollee with a Medicare+Choice plan of a Medicare+Choice organization under this part who is dissatisfied by reason of the enrollee\u2019s failure to receive any health service to which the enrollee believes the enrollee is entitled and at no greater charge than the enrollee believes the enrollee is required to pay is entitled, if the amount in controversy is $100 or more, to a hearing before the Secretary to the same extent as is provided in ","children":[{"t":"ref","text":"section 405(b) of this title","href":"/us/usc/t42/s405/b","tail":", and in any such hearing the Secretary shall make the organization a party. If the amount in controversy is $1,000 or more, the individual or organization shall, upon notifying the other party, be entitled to judicial review of the Secretary\u2019s final decision as provided in "},{"t":"ref","text":"section 405(g) of this title","href":"/us/usc/t42/s405/g","tail":", and both the individual and the organization shall be entitled to be parties to that judicial review. In applying subsections (b) and (g) of "},{"t":"ref","text":"section 405 of this title","href":"/us/usc/t42/s405","tail":" as provided in this paragraph, and in applying section 405("},{"t":"text","text":"l","tail":") of this title thereto, any reference therein to the Commissioner of Social Security or the Social Security Administration shall be considered a reference to the Secretary or the Department of Health and Human Services, respectively. The provisions of "},{"t":"ref","text":"section 1395ff(b)(1)(E)(iii) of this title","href":"/us/usc/t42/s1395ff/b/1/E/iii","tail":" shall apply with respect to dollar amounts specified in the first 2 sentences of this paragraph in the same manner as they apply to the dollar amounts specified in "},{"t":"ref","text":"section 1395ff(b)(1)(E)(i) of this title","href":"/us/usc/t42/s1395ff/b/1/E/i","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Confidentiality and accuracy of enrollee records"},{"t":"chapeau","text":"Insofar as a Medicare+Choice organization maintains medical records or other health information regarding enrollees under this part, the Medicare+Choice organization shall establish procedures\u2014"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/h/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" to safeguard the privacy of any individually identifiable enrollee information;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/h/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" to maintain such records and information in a manner that is accurate and timely; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/h/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" to assure timely access of enrollees to such records and information.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Information on advance directives"},{"t":"content","children":[{"t":"p","text":"Each Medicare+Choice organization shall meet the requirement of ","children":[{"t":"ref","text":"section 1395cc(f) of this title","href":"/us/usc/t42/s1395cc/f","tail":" (relating to maintaining written policies and procedures respecting advance directives)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/j","children":[{"t":"num","text":"(j)"},{"t":"heading","text":"Rules regarding provider participation"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/j/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Procedures"},{"t":"chapeau","text":"Insofar as a Medicare+Choice organization offers benefits under a Medicare+Choice plan through agreements with physicians, the organization shall establish reasonable procedures relating to the participation (under an agreement between a physician and the organization) of physicians under such a plan. Such procedures shall include\u2014"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" providing notice of the rules regarding participation,","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" providing written notice of participation decisions that are adverse to physicians, and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" providing a process within the organization for appealing such adverse decisions, including the presentation of information and views of the physician regarding such decision.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/j/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Consultation in medical policies"},{"t":"content","children":[{"t":"p","text":"A Medicare+Choice organization shall consult with physicians who have entered into participation agreements with the organization regarding the organization\u2019s medical policy, quality, and medical management procedures.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/j/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Prohibiting interference with provider advice to enrollees"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Subject to subparagraphs (B) and (C), a Medicare+Choice organization (in relation to an individual enrolled under a Medicare+\u00d0Choice plan offered by the organization under this part) shall not prohibit or otherwise restrict a covered health care professional (as defined in subparagraph (D)) from advising such an individual who is a patient of the professional about the health status of the individual or medical care or treatment for the individual\u2019s condition or disease, regardless of whether benefits for such care or treatment are provided under the plan, if the professional is acting within the lawful scope of practice.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Conscience protection"},{"t":"chapeau","text":"Subparagraph (A) shall not be construed as requiring a Medicare+Choice plan to provide, reimburse for, or provide coverage of a counseling or referral service if the Medicare+\u00d0Choice organization offering the plan\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/j/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" objects to the provision of such service on moral or religious grounds; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/j/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" in the manner and through the written instrumentalities such Medicare+\u00d0Choice organization deems appropriate, makes available information on its policies regarding such service to prospective enrollees before or during enrollment and to enrollees within 90 days after the date that the organization or plan adopts a change in policy regarding such a counseling or referral service.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/3/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Construction"},{"t":"content","children":[{"t":"p","text":"Nothing in subparagraph (B) shall be construed to affect disclosure requirements under State law or under the Employee Retirement Income Security Act of 1974 [","children":[{"t":"ref","text":"29 U.S.C. 1001","href":"/us/usc/t29/s1001","tail":" et seq.]."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/3/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"\u201cHealth care professional\u201d defined"},{"t":"content","children":[{"t":"p","text":"For purposes of this paragraph, the term \u201chealth care professional\u201d means a physician (as defined in ","children":[{"t":"ref","text":"section 1395x(r) of this title","href":"/us/usc/t42/s1395x/r","tail":") or other health care professional if coverage for the professional\u2019s services is provided under the Medicare+Choice plan for the services of the professional. Such term includes a podiatrist, optometrist, chiropractor, psychologist, dentist, physician assistant, physical or occupational therapist and therapy assistant, speech-language pathologist, audiologist, registered or licensed practical nurse (including nurse practitioner, clinical nurse specialist, certified registered nurse anesthetist, and certified nurse-midwife), licensed certified social worker, registered respiratory therapist, and certified respiratory therapy technician."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/j/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Limitations on physician incentive plans"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"No Medicare+Choice organization may operate any physician incentive plan (as defined in subparagraph (B)) unless the organization provides assurances satisfactory to the Secretary that the following requirements are met:"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/j/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" No specific payment is made directly or indirectly under the plan to a physician or physician group as an inducement to reduce or limit medically necessary services provided with respect to a specific individual enrolled with the organization.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/j/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" If the plan places a physician or physician group at substantial financial risk (as determined by the Secretary) for services not provided by the physician or physician group, the organization provides stop-loss protection for the physician or group that is adequate and appropriate, based on standards developed by the Secretary that take into account the number of physicians placed at such substantial financial risk in the group or under the plan and the number of individuals enrolled with the organization who receive services from the physician or group.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"\u201cPhysician incentive plan\u201d defined"},{"t":"content","children":[{"t":"p","text":"In this paragraph, the term \u201cphysician incentive plan\u201d means any compensation arrangement between a Medicare+Choice organization and a physician or physician group that may directly or indirectly have the effect of reducing or limiting services provided with respect to individuals enrolled with the organization under this part.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/j/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Limitation on provider indemnification"},{"t":"content","children":[{"t":"p","text":"A Medicare+Choice organization may not provide (directly or indirectly) for a health care professional, provider of services, or other entity providing health care services (or group of such professionals, providers, or entities) to indemnify the organization against any liability resulting from a civil action brought for any damage caused to an enrollee with a Medicare+Choice plan of the organization under this part by the organization\u2019s denial of medically necessary care.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/j/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Special rules for Medicare+Choice private fee-for-service plans"},{"t":"chapeau","text":"For purposes of applying this part (including subsection (k)(1)) and ","children":[{"t":"ref","text":"section 1395cc(a)(1)(O) of this title","href":"/us/usc/t42/s1395cc/a/1/O","tail":", a hospital (or other provider of services), a physician or other health care professional, or other entity furnishing health care services is treated as having an agreement or contract in effect with a Medicare+Choice organization (with respect to an individual enrolled in a Medicare+Choice private fee-for-service plan it offers), if\u2014"}]},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the provider, professional, or other entity furnishes services that are covered under the plan to such an enrollee; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/6/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" before providing such services, the provider, professional, or other entity\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/j/6/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" has been informed of the individual\u2019s enrollment under the plan, and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/j/6/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"chapeau","text":" either\u2014"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/j/6/B/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" has been informed of the terms and conditions of payment for such services under the plan, or","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/j/6/B/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" is given a reasonable opportunity to obtain information concerning such terms and conditions,","tail":"\n"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"\u2001in a manner reasonably designed to effect informed agreement by a provider.","tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"The previous sentence shall only apply in the absence of an explicit agreement between such a provider, professional, or other entity and the Medicare+Choice organization.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/j/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Promotion of e-prescribing by MA plans"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/7/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"An MA\u2013PD plan may provide for a separate payment or otherwise provide for a differential payment for a participating physician that prescribes covered part D drugs in accordance with an electronic prescription drug program that meets standards established under ","children":[{"t":"ref","text":"section 1395w\u2013104(e) of this title","href":"/us/usc/t42/s1395w\u2013104/e","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/7/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Considerations"},{"t":"chapeau","text":"Such payment may take into consideration the costs of the physician in implementing such a program and may also be increased for those participating physicians who significantly increase\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/j/7/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" formulary compliance;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/j/7/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" lower cost, therapeutically equivalent alternatives;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/j/7/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" reductions in adverse drug interactions; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/j/7/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" efficiencies in filing prescriptions through reduced administrative costs.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/j/7/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Structure"},{"t":"content","children":[{"t":"p","text":"Additional or increased payments under this subsection may be structured in the same manner as medication therapy management fees are structured under section 1395w\u2013104(c)(2)(E)\u202f","children":[{"t":"text","text":"1","tail":" of this title."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/k","children":[{"t":"num","text":"(k)"},{"t":"heading","text":"Treatment of services furnished by certain providers"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/k/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Except as provided in paragraph (2), a physician or other entity (other than a provider of services) that does not have a contract establishing payment amounts for services furnished to an individual enrolled under this part with a Medicare+Choice organization described in ","children":[{"t":"ref","text":"section 1395w\u201321(a)(2)(A) of this title","href":"/us/usc/t42/s1395w\u201321/a/2/A","tail":" or with an organization offering an MSA plan shall accept as payment in full for covered services under this subchapter that are furnished to such an individual the amounts that the physician or other entity could collect if the individual were not so enrolled. Any penalty or other provision of law that applies to such a payment with respect to an individual entitled to benefits under this subchapter (but not enrolled with a Medicare+Choice organization under this part) also applies with respect to an individual so enrolled."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/k/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Application to Medicare+Choice private fee-for-service plans"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/k/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Balance billing limits under Medicare+\u00d0Choice private fee-for-service plans in case of contract providers"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/k/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"In the case of an individual enrolled in a Medicare+Choice private fee-for-service plan under this part, a physician, provider of services, or other entity that has a contract (including through the operation of subsection (j)(6)) establishing a payment rate for services furnished to the enrollee shall accept as payment in full for covered services under this subchapter that are furnished to such an individual an amount not to exceed (including any deductibles, coinsurance, copayments, or balance billing otherwise permitted under the plan) an amount equal to 115 percent of such payment rate.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/k/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Procedures to enforce limits"},{"t":"content","children":[{"t":"p","text":"The Medicare+Choice organization that offers such a plan shall establish procedures, similar to the procedures described in ","children":[{"t":"ref","text":"section 1395w\u20134(g)(1)(A) of this title","href":"/us/usc/t42/s1395w\u20134/g/1/A","tail":", in order to carry out the previous sentence."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/k/2/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Assuring enforcement"},{"t":"content","children":[{"t":"p","text":"If the Medicare+Choice organization fails to establish and enforce procedures required under clause (ii), the organization is subject to intermediate sanctions under ","children":[{"t":"ref","text":"section 1395w\u201327(g) of this title","href":"/us/usc/t42/s1395w\u201327/g","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/k/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Enrollee liability for noncontract providers"},{"t":"chapeau","text":"For provision\u2014"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/k/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" establishing minimum payment rate in the case of noncontract providers under a Medicare+Choice private fee-for-service plan, see subsection (a)(2); or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/k/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" limiting enrollee liability in the case of covered services furnished by such providers, see paragraph (1) and ","children":[{"t":"ref","text":"section 1395cc(a)(1)(O) of this title","href":"/us/usc/t42/s1395cc/a/1/O","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/k/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Information on beneficiary liability"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/k/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Each Medicare+Choice organization that offers a Medicare+Choice private fee-for-service plan shall provide that enrollees under the plan who are furnished services for which payment is sought under the plan are provided an appropriate explanation of benefits (consistent with that provided under parts A and B and, if applicable, under medicare supplemental policies) that includes a clear statement of the amount of the enrollee\u2019s liability (including any liability for balance billing consistent with this subsection) with respect to payments for such services.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/k/2/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Advance notice before receipt of in\u00adpatient hospital services and certain other services"},{"t":"chapeau","text":"In addition, such organization shall, in its terms and conditions of payments to hospitals for inpatient hospital services and for other services identified by the Secretary for which the amount of the balance billing under subparagraph (A) could be substantial, require the hospital to provide to the enrollee, before furnishing such services and if the hospital imposes balance billing under subparagraph (A)\u2014"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/k/2/C/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" notice of the fact that balance billing is permitted under such subparagraph for such services, and","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/k/2/C/ii/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" a good faith estimate of the likely amount of such balance billing (if any), with respect to such services, based upon the presenting condition of the enrollee.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/l","children":[{"t":"num","text":"(l)"},{"t":"heading","text":"Return to home skilled nursing facilities for covered post-hospital extended care services"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/l/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Ensuring return to home SNF"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/l/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"In providing coverage of post-hospital extended care services, a Medicare+Choice plan shall provide for such coverage through a home skilled nursing facility if the following conditions are met:"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/l/1/A/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Enrollee election"},{"t":"content","children":[{"t":"p","text":"The enrollee elects to receive such coverage through such facility.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/l/1/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"SNF agreement"},{"t":"content","children":[{"t":"p","text":"The facility has a contract with the Medicare+Choice organization for the provision of such services, or the facility agrees to accept substantially similar payment under the same terms and conditions that apply to similarly situated skilled nursing facilities that are under contract with the Medicare+Choice organization for the provision of such services and through which the enrollee would otherwise receive such services.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/l/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Manner of payment to home SNF"},{"t":"content","children":[{"t":"p","text":"The organization shall provide payment to the home skilled nursing facility consistent with the contract or the agreement described in subparagraph (A)(ii), as the case may be.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/l/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"No less favorable coverage"},{"t":"content","children":[{"t":"p","text":"The coverage provided under paragraph (1) (including scope of services, cost-sharing, and other criteria of coverage) shall be no less favorable to the enrollee than the coverage that would be provided to the enrollee with respect to a skilled nursing facility the post-hospital extended care services of which are otherwise covered under the Medicare+Choice plan.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/l/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Rule of construction"},{"t":"chapeau","text":"Nothing in this subsection shall be construed to do the following:"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/l/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" To require coverage through a skilled nursing facility that is not otherwise qualified to provide benefits under part A for medicare beneficiaries not enrolled in a Medicare+Choice plan.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/l/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" To prevent a skilled nursing facility from refusing to accept, or imposing conditions upon the acceptance of, an enrollee for the receipt of post-hospital extended care services.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/l/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this subsection:"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/l/4/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Home skilled nursing facility"},{"t":"chapeau","text":"The term \u201chome skilled nursing facility\u201d means, with respect to an enrollee who is entitled to receive post-hospital extended care services under a Medicare+Choice plan, any of the following skilled nursing facilities:"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/l/4/A/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"SNF residence at time of admission"},{"t":"content","children":[{"t":"p","text":"The skilled nursing facility in which the enrollee resided at the time of admission to the hospital preceding the receipt of such post-hospital extended care services.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/l/4/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"SNF in continuing care retirement community"},{"t":"content","children":[{"t":"p","text":"A skilled nursing facility that is providing such services through a continuing care retirement community (as defined in subparagraph (B)) which provided residence to the enrollee at the time of such admission.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/l/4/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"SNF residence of spouse at time of discharge"},{"t":"content","children":[{"t":"p","text":"The skilled nursing facility in which the spouse of the enrollee is residing at the time of discharge from such hospital.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/l/4/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Continuing care retirement community"},{"t":"content","children":[{"t":"p","text":"The term \u201ccontinuing care retirement community\u201d means, with respect to an enrollee in a Medicare+Choice plan, an arrangement under which housing and health-related services are provided (or arranged) through an organization for the enrollee under an agreement that is effective for the life of the enrollee or for a specified period.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/m","children":[{"t":"num","text":"(m)"},{"t":"heading","text":"Provision of additional telehealth benefits"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/m/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"MA plan option"},{"t":"content","children":[{"t":"p","text":"For plan year 2020 and subsequent plan years, subject to the requirements of paragraph (3), an MA plan may provide additional telehealth benefits (as defined in paragraph (2)) to individuals enrolled under this part.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/m/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Additional telehealth benefits defined"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/m/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"For purposes of this subsection and ","children":[{"t":"ref","text":"section 1395w\u201324 of this title","href":"/us/usc/t42/s1395w\u201324","tail":":"}]},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/m/2/A/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"Definition"},{"t":"chapeau","text":"The term \u201cadditional telehealth benefits\u201d means services\u2014"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/m/2/A/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" for which benefits are available under part B, including services for which payment is not made under ","children":[{"t":"ref","text":"section 1395m(m) of this title","href":"/us/usc/t42/s1395m/m","tail":" due to the conditions for payment under such section; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t42/s1395w\u201322/m/2/A/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" that are identified for such year as clinically appropriate to furnish using electronic information and telecommunications technology when a physician (as defined in ","children":[{"t":"ref","text":"section 1395x(r) of this title","href":"/us/usc/t42/s1395x/r","tail":") or practitioner (described in "},{"t":"ref","text":"section 1395u(b)(18)(C) of this title","href":"/us/usc/t42/s1395u/b/18/C","tail":") providing the service is not at the same location as the plan enrollee."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/m/2/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Exclusion of capital and infrastructure costs and investments"},{"t":"content","children":[{"t":"p","text":"The term \u201cadditional telehealth benefits\u201d does not include capital and infrastructure costs and investments relating to such benefits.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/m/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Public comment"},{"t":"chapeau","text":"Not later than ","children":[{"t":"text","text":"November 30, 2018","tail":", the Secretary shall solicit comments on\u2014"}]},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/m/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" what types of items and services (including those provided through supplemental health care benefits, such as remote patient monitoring, secure messaging, store and forward technologies, and other non-face-to-face communication) should be considered to be additional telehealth benefits; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s1395w\u201322/m/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the requirements for the provision or furnishing of such benefits (such as training and coordination requirements).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/m/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Requirements for additional telehealth benefits"},{"t":"chapeau","text":"The Secretary shall specify requirements for the provision or furnishing of additional telehealth benefits, including with respect to the following:"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/m/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" Physician or practitioner qualifications (other than licensure) and other requirements such as specific training.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/m/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" Factors necessary for the coordination of such benefits with other items and services including those furnished in-person.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/m/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" Such other areas as determined by the Secretary.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/m/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Enrollee choice"},{"t":"chapeau","text":"If an MA plan provides a service as an additional telehealth benefit (as defined in paragraph (2))\u2014"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/m/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the MA plan shall also provide access to such benefit through an in-person visit (and not only as an additional telehealth benefit); and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s1395w\u201322/m/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" an individual enrollee shall have discretion as to whether to receive such service through the in-person visit or as an additional telehealth benefit.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/m/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Treatment under MA"},{"t":"content","children":[{"t":"p","text":"For purposes of this subsection and ","children":[{"t":"ref","text":"section 1395w\u201324 of this title","href":"/us/usc/t42/s1395w\u201324","tail":", if a plan provides additional telehealth benefits, such additional telehealth benefits shall be treated as if they were benefits under the original Medicare fee-for-service program option."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/m/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Construction"},{"t":"content","children":[{"t":"p","text":"Nothing in this subsection shall be construed as affecting the requirement under subsection (a)(1) that MA plans provide enrollees with items and services (other than hospice care) for which benefits are available under parts A and B, including benefits available under ","children":[{"t":"ref","text":"section 1395m(m) of this title","href":"/us/usc/t42/s1395m/m","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s1395w\u201322/n","children":[{"t":"num","text":"(n)"},{"t":"heading","text":"Provision of information relating to the safe disposal of certain prescription drugs"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/n/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"In the case of an individual enrolled under an MA or MA\u2013PD plan who is furnished an in-home health risk assessment on or after ","children":[{"t":"text","text":"January 1, 2021","tail":", such plan shall ensure that such assessment includes information on the safe disposal of prescription drugs that are controlled substances that meets the criteria established under paragraph (2). Such information shall include information on drug takeback programs that meet such requirements determined appropriate by the Secretary and information on in-home disposal."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s1395w\u201322/n/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Criteria"},{"t":"content","children":[{"t":"p","text":"The Secretary shall, through rulemaking, establish criteria the Secretary determines appropriate with respect to information provided to an individual to ensure that such information sufficiently educates such individual on the safe disposal of prescription drugs that are controlled substances.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}