ber of the preceding year and was enrolled 
under a prescription drug plan or MA–PD plan 
for such months, the base beneficiary premium 
otherwise applied under this paragraph for the 
individual for months in that year shall be de-
creased by the amount (if any) by which the 
sum of the amounts described in the following 
clauses (i) and (ii) exceeds the amount of the 
increase in such monthly benefits for that indi-
vidual attributable to section 215(i): 
‘‘(i) PART D PREMIUM INCREASE FAC-
TOR.— 
‘‘(I) IN
GENERAL.—Except as 
provided in this clause, the amount of 
the increase (if any) in the adjusted 
national average monthly bid amount 
(as determined under subparagraph 
(B)(iii)) for a month in the year over 
such amount for a month in the pre-
ceding year. 
‘‘(II) NO APPLICATION TO FULL 
PREMIUM SUBSIDY INDIVIDUALS.—In 
the case of an individual enrolled for 
a premium subsidy under section 
1860D–14(a)(1), zero. 
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‘‘(III) SPECIAL RULE FOR PAR-
TIAL
PREMIUM
SUBSIDY
INDIVID-
UALS.—In the case of an individual 
enrolled for a premium subsidy under 
section 1860D–14(a)(2), a percent of 
the increase described in subclause (I) 
equal to 100 percent minus the per-
cent applied based on the linear scale 
under such section. 
‘‘(ii) PART
B
PREMIUM
INCREASE 
FACTOR.—If the individual is enrolled for 
such months under part B— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the amount 
of the annual increase in premium ef-
fective for such year resulting from 
the application of section 1839(a)(3), 
as reduced (if any) under section 
1839(f). 
‘‘(II) NO APPLICATION TO INDI-
VIDUALS PARTICIPATING IN MEDICARE 
SAVINGS PROGRAM.—In the case of an 
individual who is enrolled for medical 
assistance under title XIX for Medi-
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care cost-sharing described in section 
1905(p)(3)(A)(ii), zero.’’. 
(2) APPLICATION
UNDER
MEDICARE
ADVAN-
TAGE PROGRAM.—Section 1854(b)(2)(B) of such Act 
(42 U.S.C. 1395w–24(b)(2)(B)), as in effect as of 
January 1, 2006, relating to MA monthly prescrip-
tion drug beneficiary premium, is amended by in-
serting after ‘‘as adjusted under section 1860D– 
13(a)(1)(B)’’ the following: ‘‘and section 1860D– 
13(a)(1)(F)’’. 
(3) PAYMENT FROM MEDICARE PRESCRIPTION 
DRUG ACCOUNT.—Section 1860D–16(b) of such Act 
(42 U.S.C. 1395w–116(b)) is amended— 
(A) in paragraph (1), as amended by sec-
tion 101(c)(5)— 
(i) by striking ‘‘and’’ at the end of 
subparagraph (D); 
(ii) by striking the period at the end 
of subparagraph (E) and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(F) payment under paragraph (5) of pre-
mium reductions effected under section 1860D– 
13(a)(1)(F).’’; and 
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(B) by adding at the end the following new 
paragraph: 
‘‘(5) PAYMENT FOR SOCIAL SECURITY BENEFIT 
PROTECTION PREMIUM REDUCTIONS.— 
‘‘(A) IN
GENERAL.—In addition to pay-
ments provided under section 1860D–15 to a 
PDP sponsor or an MA organization, in the 
case of each part D eligible individual who is 
enrolled in a prescription drug plan offered by 
such sponsor or an MA–PD plan offered by 
such organization and who has a premium re-
duced under section 1860D–13(a)(1)(F), the 
Secretary shall provide for payment to such 
sponsor or organization of an amount equiva-
lent to the amount of such premium reduction. 
‘‘(B) APPLICATION OF PROVISIONS.—The 
provisions of subsections (d) and (f) of section 
1860D–15 (relating to payment methods and 
disclosure of information) shall apply to pay-
ment under subparagraph (A) in the same man-
ner as they apply to payments under such sec-
tion.’’. 
(b) DISREGARD OF PREMIUM REDUCTIONS IN DE-
TERMINING DEDICATED REVENUES UNDER MMA COST 
CONTAINMENT.—Section 801(c)(3)(D) of the Medicare 
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Prescription Drug, Improvement, and Modernization Act 
of 2003 (Public Law 108–173) is amended by adding at 
the end the following: ‘‘Such premiums shall also be deter-
mined without regard to any reductions effected under 
section 1839(f) or 1860D–13(a)(1)(F) of such title.’’. 
(c) EFFECTIVE DATES.— 
(1) PART D PREMIUM.—The amendments made 
by subsection (a) apply to premiums for months be-
ginning with January 2008. 
(2) MMA PROVISION.—The amendment made 
by subsection (b) shall take effect on the date of the 
enactment of this Act. 
TITLE V—BENEFICIARY 
PROTECTION PROVISIONS 
SEC. 501. SUSPENSION OF LATE ENROLLMENT PENALTIES; 
ALLOWING ONE-TIME CHANGE IN PLAN DUR-
ING FIRST YEAR OF ENROLLMENT. 
(a) NO
LATE
ENROLLMENT
PENALTIES
FOR 
MONTHS
BEFORE
JANUARY
2008.—Section 1860D– 
13(b)(3)(B) of the Social Security Act (42 U.S.C. 1395w– 
113(b)(3)(B)) is amended by inserting ‘‘(after December 
2007)’’ after ‘‘any month’’. 
(b) CHANGE IN PLAN DURING FIRST YEAR OF EN-
ROLLMENT AND DURING FIRST 3 MONTHS OF SUBSE-
QUENT
YEARS
OF
ENROLLMENT.—Section 1860D– 
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ccoleman on PROD1PC71 with BILLS
1(b)(1) of such Act (42 U.S.C. 1395w–101(b)(1)), as 
amended by section 208(b), is further amended— 
(1) in subparagraph (B)(iii)— 
(A) by inserting ‘‘and subparagraph (F) of 
this paragraph’’ after ‘‘of this subsection’’; and 
(B) by striking ‘‘subparagraphs (B) and 
(C) of paragraph (2)’’ and inserting ‘‘paragraph 
(2)(B)’’; and 
(2) by adding at the end the following new sub-
paragraphs: 
‘‘(E) CHANGE
IN
PRESCRIPTION
DRUG 
PLAN ALLOWED DURING FIRST YEAR OF EN-
ROLLMENT.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), at any time during the 12-month pe-
riod beginning with the first month in 
which a part D eligible individual is en-
rolled in a prescription drug plan under 
this part, the individual may change the 
prescription drug plan in which the indi-
vidual is enrolled. 
‘‘(ii) LIMITATION
OF
ONE
CHANGE 
DURING PERIOD.—An individual may exer-
cise the right under clause (i) only once 
during such 12-month period and the exer-
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cise of such right shall be in addition to 
the exercise of any other rights to change 
such an enrollment during such period. 
‘‘(F) CHANGE
IN
PRESCRIPTION
DRUG 
PLAN ALLOWED DURING FIRST 3 MONTHS OF 
SUBSEQUENT YEARS OF ENROLLMENT.—In ap-
plying section 1851(e)(2)(C) under subpara-
graph (B)(iii), the change of election described 
in such section may only be a change in the 
prescription drug plan in which the individual is 
enrolled.’’. 
SEC. 502. COUNTING EXPENDITURES UNDER STATE DRUG 
ASSISTANCE PROGRAMS AGAINST TRUE OUT- 
OF-POCKET COSTS. 
Section 1860D–2(b)(4)(C)(ii) of the Social Security 
Act (42 U.S.C. 1395w–102(b)(4)(C)(ii)) is amended by in-
serting ‘‘, AIDS Drug Assistance Program, or other State 
drug assistance program’’ after ‘‘State Pharmaceutical 
Assistance Program’’. 
SEC. 503. PRICE DISCLOSURE. 
(a) IN GENERAL.—Section 1860D–2(d)(2) of the So-
cial Security Act (42 U.S.C. 1395w–102(d)(2)) is amend-
ed— 
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(1) in the first sentence, by striking ‘‘which are 
passed through’’ and all that follows through ‘‘other 
dispensers’’; 
(2) in the second sentence, by inserting ‘‘do 
not’’ before ‘‘apply’’; and 
(3) in the second sentence, by inserting before 
the period at the end the following: ‘‘and the Sec-
retary shall make the information described in the 
previous sentence available to the public’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
1927(b)(3)(D) of such Act (42 U.S.C. 1396r–8(b)(3)(D)) 
is amended by striking the last sentence. 
SEC. 504. REMOVAL OF COVERED PART D DRUGS FROM 
THE 
PRESCRIPTION 
DRUG 
PLAN 
FOR-
MULARY. 
Section 1860D–4(b)(3)(E) of the Social Security Act 
(42 U.S.C. 1395w–104(b)(3)(E)) is amended to read as 
follows: 
‘‘(E) REMOVING DRUG FROM FORMULARY 
OR CHANGING PREFERRED OR TIER STATUS OF 
DRUG.— 
‘‘(i) LIMITATION
ON
REMOVAL
OR 
CHANGE.—Beginning with 2008, except as 
provided in clause (iii), the PDP sponsor 
of a prescription drug plan may not— 
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‘‘(I) remove a covered part D 
drug from the plan formulary; 
‘‘(II) change the preferred or 
tiered cost-sharing status of such a 
drug to a status less favorable to an 
enrollee; or 
‘‘(III) introduce a barrier, such 
as step therapy, prior authorization, 
or quantity limitation, to access to 
covered part D drugs, 
unless advance notice under clause (ii) of 
such removal, change, or introduction has 
been provided and unless such removal, 
change, or introduction is only effective be-
ginning on January 1 of the year following 
the year in which such notice is provided. 
‘‘(ii) NOTICE.—The notice under this 
clause is an appropriate notice (such as 
under subsection (a)(3)) to the Secretary, 
affected enrollees, physicians, pharmacies, 
and pharmacists during the period begin-
ning on September 1 and ending on Octo-
ber 31 of a year. Such notice shall ensure 
that such information is made available 
prior to the annual, coordinated open elec-
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ccoleman on PROD1PC71 with BILLS
tion 
period 
described 
in 
section 
1851(e)(3)(B)(iii), as applied under section 
1860D–1(b)(1)(B)(iii). 
‘‘(iii) EXCEPTION.—Clause (i) shall 
not apply to a covered part D drug— 
‘‘(I) if it has been determined to 
be unsafe by the Food and Drug Ad-
ministration; and 
‘‘(II) if, during a plan year, the 
drug changes from being a single 
source drug to a multiple source drug 
(as defined in section 1927(k)), and 
the prescription drug plan covers an-
other bioequivalent multiple source 
drug at the same or lower cost-shar-
ing to enrolled individuals.’’. 
SEC. 505. SPECIAL TREATMENT UNDER MEDICARE PART D 
FOR DRUGS IN 6 SPECIFIED THERAPEUTIC 
CATEGORIES. 
(a) MEDICARE PART D FORMULARIES REQUIRED TO 
COVER ALL DRUGS IN 6 SPECIFIED THERAPEUTIC CAT-
EGORIES.— 
(1) IN
GENERAL.—Section 1860D–4(b)(3) of 
the Social Security Act (42 U.S.C. 1395w– 
104(b)(3)) is amended— 
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(A) in subparagraph (C)(i), by inserting ‘‘, 
except as provided in subparagraph (G),’’ after 
‘‘although’’; and 
(B) by inserting after subparagraph (F) 
the following new subparagraph: 
‘‘(G) REQUIRED INCLUSION OF DRUGS IN 
CERTAIN
THERAPEUTIC
CATEGORIES
AND 
CLASSES.— 
‘‘(i) REQUIREMENT.—The formulary 
must include, subject to clause (iii), all or 
substantially all drugs in each of the fol-
lowing therapeutic categories of covered 
part D drugs: 
‘‘(I) Immunosuppresessants. 
‘‘(II) Antidepressants. 
‘‘(III) Antipsychotics. 
‘‘(IV) Anticonvulsants. 
‘‘(V) Antiretrovials. 
‘‘(VI) Antineoplastics. 
‘‘(ii) COVERAGE OF ALL UNIQUE DOS-
AGE
FORMS.—To meet the requirement 
under clause (i), the formulary must in-
clude all covered part D drugs and unique 
dosages and forms of such drugs in the 
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categories specified in such clause, except 
for— 
‘‘(I) multi-source brands of the 
identical molecular structure; 
‘‘(II) extended release products 
in the case that the immediate release 
product involved is included on the 
formulary; 
‘‘(III) products that have the 
same active ingredient; and 
‘‘(IV) dosage forms that do not 
provide a unique route of administra-
tion, such as tablets and capsules. 
‘‘(iii) APPLICATION TO NEW FDA-AP-
PROVED DRUGS.—In the case of a drug 
that becomes a covered part D drug and 
that is included in a category specified in 
clause (i), clause (i) shall apply to such 
drug 30 days after the drug has been 
placed on the market. Nothing in the pre-
vious sentence shall be construed as pre-
venting a pharmacy and therapeutic com-
mittee from advising a PDP sponsor of a 
prescription drug plan on the clinical ap-
propriateness of formulary management 
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practices and policies related to new drugs 
in such categories. 
‘‘(iv) 
UTILIZATION
MANAGEMENT 
TOOLS NOT PERMITTED.—A PDP sponsor 
of a prescription drug plan may not apply 
a utilization management tool, such as 
prior authorization or step therapy, to a 
drug required under clause (i) to be in-
cluded on the formulary. 
‘‘(v) RULES OF CONSTRUCTION.— 
‘‘(I) ISSUANCE OF GUIDANCE OR 
REGULATIONS
TO
ESTABLISH
FOR-
MULARY
OR
UTILIZATION
MANAGE-
MENT REQUIREMENTS PERMITTED.— 
Nothing in this subparagraph shall be 
construed as prohibiting the Secretary 
from issuing guidance or regulations 
to establish formulary or utilization 
management requirements under this 
section for any category or class of 
covered part D drugs if such guidance 
or regulations are consistent with the 
requirements of this subparagraph. 
‘‘(II) ADDITIONAL THERAPEUTIC 
CATEGORIES PERMITTED.—Nothing in 
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this subparagraph shall be construed 
as prohibiting the Secretary from in-
cluding any additional therapeutic cat-
egory or class of covered part D drugs 
under clause (i) for purposes of this 
subparagraph.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply to plan years beginning 
on or after January 1, 2008. 
(b) SPECIAL REQUIREMENTS FOR COVERAGE DE-
TERMINATIONS, RECONSIDERATIONS, AND APPEALS FOR 
DRUGS INCLUDED
IN SPECIFIED THERAPEUTIC CAT-
EGORIES.— 
(1) IN GENERAL.—Section 1860D–4(g) of the 
Social Security Act (42 U.S.C. 1395w–104(g)) is 
amended by adding at the end the following new 
paragraph: 
‘‘(3) RECONSIDERATION
OF
DETERMINATIONS 
RELATED
TO
DRUGS
INCLUDED
IN
SPECIFIED 
THERAPEUTIC
CATEGORIES
CONDUCTED
BY
INDE-
PENDENT REVIEW ENTITY.—With respect to a part 
D eligible individual enrolled in a prescription drug 
plan, in the case of a determination under this sub-
section that denies such individual coverage (in 
whole or in part) of a drug in a category specified 
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in subsection (b)(3)(G)(i), the individual may re-
quest that the reconsideration of such determination 
authorized under section 1852(g)(2) (as applied by 
paragraph (1)) be conducted by the independent, 
outside entity described in paragraph (4) of section 
1852(g) in accordance with the procedures for an 
expedited reconsideration under paragraph (3) of 
such section. 
‘‘(4) REQUIRED
COVERAGE
OF
DRUGS
IN-
CLUDED IN SPECIFIED THERAPEUTIC CATEGORIES 
DURING
DETERMINATIONS, 
RECONSIDERATIONS, 
AND APPEALS.—If a part D eligible individual en-
rolled in a prescription drug plan offered by a PDP 
sponsor requests a redetermination or reconsider-
ation under this subsection (or an appeal under sub-
section (h)) with respect to an utilization manage-
ment requirement or denial of coverage (in whole or 
in part) of a drug in a category specified in sub-
section (b)(3)(G)(i), such sponsor shall provide such 
individual with coverage of such drug as prescribed 
during the pendency of such redetermination, recon-
sideration, or appeal until 60 days after the date of 
receipt of a written notification of— 
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‘‘(A) in the case that the individual does 
not request a reconsideration or appeal, the de-
termination on such redetermination; 
‘‘(B) in the case that the individual re-
quests a reconsideration but not an appeal, the 
determination on such reconsideration; or 
‘‘(C) in the case that the individual re-
quests an appeal, the determination on such ap-
peal or the dismissal of the appeal; 
except that in no case shall such coverage end before 
the end of the period in which an individual may file 
an appeal with respect to the determination in-
volved.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to requests for redeter-
minations, reconsiderations, and appeal hearings 
made on or after the effective date described in sub-
section (a)(2). 
(c) REPORTING REQUIREMENTS
FOR DRUGS IN-
CLUDED IN SPECIFIED THERAPEUTIC CATEGORIES.— 
(1) IN GENERAL.—Section 1860D–4(b) of the 
Social Security Act (42 U.S.C. 1395w–104(b)) is 
amended by adding at the end the following new 
paragraph: 
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‘‘(4) REPORTING
REQUIREMENTS
FOR
DRUGS 
INCLUDED
IN
SPECIFIED
THERAPEUTIC
CAT-
EGORIES.— 
‘‘(A) REPORTS
BY
PDP
SPONSORS.—A 
PDP sponsor offering a prescription drug plan 
shall submit to the Secretary (in a form and 
manner specified by the Secretary), with respect 
to drugs in a category of covered part D drugs 
specified in subsection (b)(3)(G)(i), information 
on the number of favorable and unfavorable de-
cisions under the plan relating to coverage de-
terminations, 
redeterminations, 
reconsider-
ations, appeals, and enrollee requests for excep-
tions to formulary policies for such drugs. 
‘‘(B) REPORT
TO
CONGRESS.—The Sec-
retary shall submit an annual report to Con-
gress summarizing the information submitted 
under subparagraph (A) and shall publish each 
report in the Federal Register.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to prescription drug 
plans and MA plans for plan years beginning on or 
after the effective date described in subsection 
(a)(2). 
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SEC. 506. REMOVAL OF EXCLUSION OF BENZODIAZEPINES 
FROM REQUIRED COVERAGE UNDER THE 
MEDICARE PRESCRIPTION DRUG PROGRAM. 
(a) IN GENERAL.—Section 1860D–2(e)(2) of the So-
cial Security Act (42 U.S.C. 1395w–102(e)(2)) is amend-
ed— 
(1) by striking ‘‘subparagraph (E)’’ and insert-
ing ‘‘subparagraphs (E) and (J)’’; and 
(2) by inserting ‘‘and benzodiazepines’’ after 
‘‘smoking cessation agents’’. 
(b) REVIEW
OF BENZODIAZEPINE PRESCRIPTION 
POLICIES TO ASSURE APPROPRIATENESS AND TO AVOID 
ABUSE.—The Secretary of Health and Human Services 
shall review the policies of Medicare prescription drug 
plans (and MA–PD plans) under parts C and D of title 
XVIII of the Social Security Act regarding the filling of 
prescriptions for benzodiazepine to ensure that these poli-
cies are consistent with accepted clinical guidelines, are 
appropriate to individual health histories, and are de-
signed to minimize long term use, guard against over-pre-
scribing, and prevent patient abuse. 
(c) DEVELOPMENT
BY MEDICARE QUALITY IM-
PROVEMENT ORGANIZATIONS OF EDUCATIONAL GUIDE-
LINES
FOR PHYSICIANS REGARDING PRESCRIBING
OF 
BENZODIAZEPINES.—The 
Secretary 
of 
Health 
and 
Human Services shall provide, in contracts entered into 
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with Medicare quality improvement organizations under 
part B of title XI of the Social Security Act, for the devel-
opment by such organizations of appropriate educational 
guidelines for physicians regarding the prescribing of 
benzodiazepines. 
(d) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply to contract years beginning on 
or after January 1, 2008. 
SEC. 507. STANDARDIZED FORMS AND PROCEDURES FOR 
RECONSIDERATIONS AND APPEALS. 
(a) IN GENERAL.—Section 1860D–4 of the Social 
Security Act (42 U.S.C. 1395w–104) is amended by add-
ing at the end the following new subsection: 
‘‘(l) STANDARDIZED FORMS AND PROCEDURES FOR 
RECONSIDERATIONS AND APPEALS.— 
‘‘(1) STANDARD ENROLLEE NOTICE.—The Sec-
retary shall develop a standard notice to be distrib-
uted by a prescription drug plan (or an MA–PD 
plan) to an enrollee when a covered part D drug pre-
scribed for the enrollee is not covered, or the cov-
erage of such drug is otherwise restricted, by the 
plan. 
‘‘(2) STANDARDIZED PROCESS FOR RECONSID-
ERATIONS AND APPEALS.—The Secretary shall re-
quire prescription drug plans and MA–PD plans to 
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follow the same standardized process for reconsider-
ations and redeterminations under subsections (g) 
and (h). Such process shall require that determina-
tions regarding medical necessity are based on pro-
fessional medical judgement, the medical condition 
of the enrollee, the treating physician’s recommenda-
tion, and other medical evidence.’’. 
(b) EFFECTIVE DATE.—The Secretary of Health and 
Human Services shall provide for the standard notice and 
the standardized process, and the application of such no-
tice and process, under the amendment made by sub-
section (a) by not later than January 1, 2008. 
SEC. 508. ELIMINATION OF MA REGIONAL STABILIZATION 
FUND (SLUSH FUND); ELIMINATION OF CER-
TAIN MA OVERPAYMENTS. 
(a) ELIMINATION OF SLUSH FUND.— 
(1) IN
GENERAL.—Subsection (e) of section 
1858 of the Social Security Act (42 U.S.C. 1395w– 
27a) is repealed. 
(2) 
CONFORMING
AMENDMENT.—Section 
1858(f)(1) of the Social Security Act (42 U.S.C. 
1395w–27a(f)(1)) is amended by striking ‘‘subject to 
subsection (e),’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect as if included in 
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ccoleman on PROD1PC71 with BILLS
the enactment of section 221(c) of the Medicare Pre-
scription Drug, Improvement, and Modernization 
Act of 2003 (Public Law 108–173; 117 Stat. 2181). 
(b) ELIMINATION OF CERTAIN MEDICARE ADVAN-
TAGE OVERPAYMENTS.— 
(1) IN GENERAL.—Section 1853(a)(1)(C)(ii) of 
the Social Security Act (42 U.S.C. 1395w– 
23(a)(1)(C)(ii)), as added by section 5301 of the 
Deficit Reduction Act of 2005, is amended— 
(A) in the heading, by striking ‘‘DURING 
PHASE-OUT OF BUDGET NEUTRALITY FACTOR’’; 
(B) in the matter preceding subclause (I), 
by striking ‘‘through 2010’’ and inserting ‘‘and 
subsequent years’’; and 
(C) in subclause (II), by striking ‘‘only for 
2008, 2009, and 2010’’ and inserting ‘‘for 2008 
and subsequent years’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect as if included in 
the enactment of section 5301 of the Deficit Reduc-
tion Act of 2005. 
SEC. 509. BENEFICIARY COMPLAINTS. 
(a) IN GENERAL.—Section 1860D–4(a) of the Social 
Security Act (42 U.S.C. 1395w–104(a)) is amended by 
adding at the end the following new paragraph: 
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‘‘(5) BENEFICIARY COMPLAINTS.— 
‘‘(A) COMPLAINT
LOG.—The Secretary 
shall keep record of all complaints received at 
1–800–MEDICARE and at any regional office 
of the Centers for Medicare & Medicaid Serv-
ices from (or on behalf of) a beneficiary con-
cerning prescription drug plans and MA–PD 
plans. Complaints shall be recorded even if the 
beneficiary does not explicitly identify the con-
cern (or concerns) as a complaint, and even if 
the beneficiary is subsequently referred to the 
plan for complaint resolution. The Secretary 
shall publicly report statistical data on such 
complaints, including the type of complaint, 
whether the complaint was resolved, and the 
time taken to resolve the complaint. 
‘‘(B) PLAN RESPONSE TO COMPLAINTS.— 
If the Secretary receives such a beneficiary 
complaint regarding such a plan and refers the 
complaint to such plan for investigation and 
resolution by the plan, the plan shall report 
back to the Secretary on a timely basis on the 
resolution of the complaint. The Secretary shall 
record such information in the beneficiary’s 
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