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136 STAT. 1894 PUBLIC LAW 117–169—AUG. 16, 2022 ‘‘(v) ADDITIONAL REQUIREMENTS.—The following requirements shall apply with respect to the option to make an election pursuant to clause (i) under this subparagraph: ‘‘(I) SECRETARIAL RESPONSIBILITIES.—The Sec- retary shall provide information to part D eligible individuals on the option to make such election through educational materials, including through the notices provided under section 1804(a). ‘‘(II) TIMING OF ELECTION.—An enrollee in a prescription drug plan or an MA–PD plan may make such an election— ‘‘(aa) prior to the beginning of the plan year; or ‘‘(bb) in any month during the plan year. ‘‘(III) PDP SPONSOR AND MA ORGANIZATION RESPONSIBILITIES.—Each PDP sponsor offering a prescription drug plan or MA organization offering an MA–PD plan— ‘‘(aa) may not limit the option for an enrollee to make such an election to certain covered part D drugs; ‘‘(bb) shall, prior to the plan year, notify prospective enrollees of the option to make such an election in promotional materials; ‘‘(cc) shall include information on such option in enrollee educational materials; ‘‘(dd) shall have in place a mechanism to notify a pharmacy during the plan year when an enrollee incurs out-of-pocket costs with respect to covered part D drugs that make it likely the enrollee may benefit from making such an election; ‘‘(ee) shall provide that a pharmacy, after receiving a notification described in item (dd) with respect to an enrollee, informs the enrollee of such notification; ‘‘(ff) shall ensure that such an election by an enrollee has no effect on the amount paid to pharmacies (or the timing of such pay- ments) with respect to covered part D drugs dispensed to the enrollee; and ‘‘(gg) shall have in place a financial rec- onciliation process to correct inaccuracies in payments made by an enrollee under this subparagraph with respect to covered part D drugs during the plan year. ‘‘(IV) FAILURE TO PAY AMOUNT BILLED.—If an enrollee fails to pay the amount billed for a month as required under this subparagraph— ‘‘(aa) the election of the enrollee pursuant to clause (i) shall be terminated and the enrollee shall pay the cost-sharing otherwise applicable for any covered part D drugs subse- quently dispensed to the enrollee up to the annual out-of-pocket threshold specified in paragraph (4)(B); and Notification. Notification. Applicability. VerDate Sep 11 2014 13:57 Oct 25, 2022 Jkt 029139 PO 00169 Frm 00078 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL169.117 PUBL169 jmbennett on LAP3P8D0R2PROD with Publaw