42 CFR §423.2490

1. (a)Terminology. Subject to the exclusions in paragraph (b) of this section, Part D MLR data consists of the information submitted under § 423.2460.
2. (b)Exclusions from Part D MLR data. For the purpose of this section, the following items are excluded from Part D MLR data:
   1. (1)Narrative descriptions that Part D sponsors submit to support the information reported to CMS pursuant to the reporting requirements at § 423.2460, such as descriptions of expense allocation methods.
   2. (2)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.
   3. (3)Any information that could be used to identify Medicare beneficiaries or other individuals.
   4. (4)MLR review correspondence.
   5. (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 § 423.2440(d).
3. (c)Data release. CMS releases to the public Part D MLR data, for each contract for each contract year, no earlier than 18 months after the end of the applicable contract year