§423.894. Construction.
42 C.F.R. § 423.894
Nothing in this part must be interpreted as prohibiting or restricting:
A Part D eligible individual who is covered under employment-based retiree health coverage, including a qualified retiree prescription drug plan, from enrolling in a Part D plan;
A sponsor or other person from paying all or any part of the monthly beneficiary premium (as defined in § 423.286) for a Part D plan on behalf of a retiree (or his or her spouse or dependents);
A sponsor from providing coverage to Part D eligible individuals under employment-based retiree health coverage that is—
Supplemental to the benefits provided under a Part D plan; or
Of higher actuarial value than the actuarial value of standard prescription drug coverage (as defined in § 423.104(d)); or
Sponsors from providing for flexibility in the benefit design and pharmacy network for their qualified retiree prescription drug coverage, without regard to the requirements applicable to Part D plans under § 423.104, as long as the requirements under § 423.884 are met.
Notes, amendments, and revision history
Authority
Authority: 42 U.S.C. 1302, 1306, 1395w-101 through 1395w-152, and 1395hh.
Source
Source: 70 FR 4525, Jan. 28, 2005, unless otherwise noted.