---
kind: "section"
citation: "42 C.F.R. § 422.2490"
title: "42"
number: "422.2490"
heading: "Release of Part C MLR data."
url: "https://uscodex.org/cfr/42/422.2490"
---

# §422.2490. Release of Part C MLR data.

- (a) **Terminology.** Subject to the exclusions in [paragraph (b)](#b) of this section, Part C MLR data consists of the information submitted under [§ 422.2460](/cfr/42/422.2460.md).
- (b) **Exclusions from Part C MLR data.** For the purpose of this section, the following items are excluded from Part C MLR data:
  - (1) Narrative descriptions that MA organizations submit to support the information reported to CMS pursuant to the reporting requirements at [§ 422.2460](/cfr/42/422.2460.md), such as descriptions of expense allocation methods.
  - (2)
    - (i) Information that is reported at the plan level, such as the number of member months associated with each plan under a contract, including information submitted for a contract consisting of only one plan.
    - (ii) Amounts that are reported as expenditures for a specific type of supplemental benefit, where the entire amount that is reported represents costs incurred by the only plan under the contract that offers that benefit.
  - (3) **Any information that could be used to identify Medicare beneficiaries or other individuals.**
  - (4) **MLR review correspondence.**
  - (5) Any information for a contract for those contract years for which the contract is determined to be non-credible, as defined in accordance with [§ 422.2440(d)](/cfr/42/422.2440.md?p=d).
- (c) **Data release.** CMS releases to the public Part C MLR data, for each contract for each contract year, no earlier than 18 months after the end of the applicable contract year.

## Notes

### Amendments

[81 FR 80557, Nov. 15, 2016, as amended at 83 FR 16736, Apr. 16, 2018; 87 FR 27899, May 9, 2022]

### Source

Source: 78 FR 31307, May 23, 2013, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1306, 1395w-21 through 1395w-28, and 1395hh.

### Source

Source: 63 FR 18134, Apr. 14, 1998, unless otherwise noted.

### Amendments

[81 FR 80557, Nov. 15, 2016, as amended at 83 FR 16736, Apr. 16, 2018; 87 FR 27899, May 9, 2022]