GroundRules
42 CFR 423.2310: Condition for coverage of drugs under Part D.
Where this section sits in the code
- Title 42—Public Health
- CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES
- SUBCHAPTER B—MEDICARE PROGRAM
- PART 423—VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT
- Subpart W—Medicare Coverage Gap Discount Program
(a) Covered Part D drug coverage requirement. Except as specified in paragraph (b) of this section, in order for coverage to be available under Medicare Part D for applicable drugs of a manufacturer, the manufacturer must do all of the following:
(1) Participate in the Coverage Gap Discount Program.
(2) Have entered into and have in effect an agreement described in § 423.2315(b).
(3) Have entered into and have in effect, under terms and conditions specified by CMS, a contract with the TPA.
(b) Exception to covered drug coverage requirement. Paragraph (a) of this section does not apply to an applicable drug if CMS has made a determination that the availability of the applicable drug is essential to the health of beneficiaries enrolled in Medicare Part D.
Collected 2026-08-27T02:26:11Z. Source file · JSON