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20 C.F.R. §§ 418.3001–418.3010

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§418.3001. What is this subpart about?

20 C.F.R. § 418.3001

This subpart D relates to sections 1860D-1 through 1860D-24 of title XVIII of the Social Security Act (the Act) as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Pub. L. 108-173). Sections 1860D-1 through 1860D-24 established Part D of title XVIII of the Act to create a Medicare program known as the Voluntary Prescription Drug Benefit Program. Section 1860D-14, codified into the Act by section 101, includes a provision for subsidies of prescription drug premiums and of Part D cost-sharing requirements for Medicare beneficiaries whose income and resources do not exceed certain levels. The regulations in this subpart explain how we decide whether you are eligible for a Part D premium subsidy as defined in 42 CFR 423.780 and cost-sharing subsidy as defined in 42 CFR 423.782. The rules are divided into the following groups of sections according to subject content:
(a)
Sections 418.3001 through 418.3010 contain the introduction, a statement of the general purpose underlying the subsidy program for the Voluntary Prescription Drug Benefit Program under Medicare Part D, general provisions that apply to the subsidy program, a description of how we administer the program, and definitions of terms that we use in this subpart.
(b)
Sections 418.3101 through 418.3125 contain the general requirements that you must meet in order to be eligible for a subsidy. These sections set forth the subsidy eligibility requirements of being a Medicare beneficiary, of having income and resources below certain levels, and of filing an application. These sections also explain when we will redetermine your eligibility for a subsidy and the period covered by a redetermination.
(c)
Sections 418.3201 through 418.3230 contain the rules that relate to the filing of subsidy applications.
(d)
Sections 418.3301 through 418.3350 contain the rules that explain how we consider your income (and your spouse's income, if applicable) and define what income we count when we decide whether you are eligible for a subsidy.
(e)
Sections 418.3401 through 418.3425 contain the rules that explain how we consider your resources (and your spouse's resources, if applicable) and define what resources we count when we decide whether you are eligible for a subsidy.
(f)
Sections 418.3501 through 418.3515 contain the rules that explain when we will adjust or when we will terminate your eligibility for a subsidy.
(g)
Sections 418.3601 through 418.3680 contain the rules that we apply when you appeal our determination regarding your subsidy eligibility or our determination of whether you should receive a full or partial subsidy. They also contain the rules that explain that our decision is binding unless you file an action in Federal district court seeking review of our final decision and what happens if your case is remanded by a Federal court
Notes, amendments, and revision history

Authority

Authority: Secs. 702(a)(5) and 1860D-1, 1860D-14 and -15 of the Social Security Act (42 U.S.C. 902(a)(5),1395w-101, 1395w-114, and -115).

Source

Source: 70 FR 77675, Dec. 30, 2005, unless otherwise noted.

§418.3005. Purpose and administration of the program.

20 C.F.R. § 418.3005

The purpose of the subsidy program is to offer help with the costs of prescription drug coverage for individuals who meet certain income and resources requirements under the law as explained in this subpart. The Centers for Medicare & Medicaid Services (CMS) in the Department of Health and Human Services has responsibility for administration of the Medicare program, including the new Medicare Part D Voluntary Prescription Drug Benefit Program. We notify Medicare beneficiaries who appear to have limited income, based on our records, about the availability of the subsidy if they are not already eligible for this help, and take applications for and determine the eligibility of individuals for a subsidy.
Notes, amendments, and revision history

Authority

Authority: Secs. 702(a)(5) and 1860D-1, 1860D-14 and -15 of the Social Security Act (42 U.S.C. 902(a)(5),1395w-101, 1395w-114, and -115).

Source

Source: 70 FR 77675, Dec. 30, 2005, unless otherwise noted.

§418.3010. Definitions.

20 C.F.R. § 418.3010

(a)
Terms relating to the Act and regulations.
(1)
CMS means the Centers for Medicare & Medicaid Services in the Department of Health and Human Services.
(2)
Commissioner means the Commissioner of Social Security.
(3)
Section means a section of the regulations in part 418 of this chapter unless the context indicates otherwise.
(4)
The Act means the Social Security Act, as amended.
(5)
Title means a title of the Act.
(6)
We— , our or us means the Social Security Administration (SSA).
(b)
Miscellaneous.
(1)
Claimant means the person who files an application for himself or herself or the person on whose behalf an application is filed.
(2)
Date you receive a notice means 5 calendar days after the date on the notice, unless you show us you did not receive it within the 5-day period.
(3)
Decision means the decision we make after a hearing.
(4)
Determination means the initial determination that we make as defined in § 418.3605.
(5)
Family size— , for purposes of this subpart, means family size as defined in 42 CFR 423.772.
(6)
Federal poverty line— , for purposes of this subpart, has the same meaning as Federal poverty line in 42 CFR 423.772.
(7)
Full-benefit dual eligible individual— for purposes of this subpart, has the same meaning as full-benefit dual eligible individual in 42 CFR 423.772.
(8)
Medicare beneficiary means an individual who is entitled to or enrolled in Medicare Part A (Hospital Insurance) or enrolled in Part B (Supplementary Medical Insurance) or both under title XVIII of the Act.
(9)
Periods of limitations ending on Federal non-workdays— Title XVIII of the Act and regulations in this subpart require you to take certain actions within specified time periods or you may lose your right to a portion of or your entire subsidy. If any such period ends on a Saturday, Sunday, Federal legal holiday, or any other day all or part of which is declared to be a nonworkday for Federal employees by statute or Executive Order, you will have until the next Federal workday to take the prescribed action.
(10)
Representative— or personal representative means a personal representative as defined in 42 CFR 423.772.
(11)
State,— unless otherwise indicated, means:
(i)
A State of the United States; or
(ii)
The District of Columbia.
(12)
Subsidy eligible individual,— for purposes of this subpart, has the same meaning as subsidy eligible individual as defined in 42 CFR 423.773.
(13)
Subsidy means an amount CMS will pay on behalf of Medicare beneficiaries who are eligible for a subsidy of their Medicare Part D costs. The amount of a subsidy for a Medicare beneficiary depends on the beneficiary's income as related to household size, resources, and late enrollment penalties (if any) as explained in 42 CFR 423.780 and 42 CFR 423.782. We do not determine the amount of the subsidy, only whether or not the individual is eligible for a full or partial subsidy.
(14)
United States— when used in a geographical sense means:
(i)
The 50 States; and
(ii)
The District of Columbia
(1)
You— or your means the person who applies for the subsidy, the person for whom an application is filed or anyone who may consider applying for a subsidy.
Notes, amendments, and revision history

Authority

Authority: Secs. 702(a)(5) and 1860D-1, 1860D-14 and -15 of the Social Security Act (42 U.S.C. 902(a)(5),1395w-101, 1395w-114, and -115).

Source

Source: 70 FR 77675, Dec. 30, 2005, unless otherwise noted.