42 CFR §423.2536
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
CMS waives the following Part D program requirements for the LI NET program:
- (a)General information. Paragraphs (1) and (3)(B) of section 1860D-4(a) of the Act (relating to dissemination of general information; availability of information on changes in formulary through the internet).
- (b)Formularies. Subparagraphs (A) and (B) of section 1860D-4(b)(3) of the Act (relating to requirements on development and application of formularies; formulary development) and formulary requirements in §§ 423.120(b) and 423.128(e)(5) and (6).
- (c)Medicare Prescription Payment Plan. Section 423.137.
- (d)Cost control and quality improvement requirements. Provisions under subpart D of this part, including requirements about medication therapy management, are waived except for the provisions in § 423.2508(c)(1) through (5).
- (1)Section 423.153(b) and (c) for dispensing and point-of-sale safety edits;
- (2)Section 423.154 for appropriate dispensing of prescription drugs in long-term care facilities;
- (3)Sections 423.159 and 423.160 for electronic prescribing, excepting the requirements pertaining to formulary standards in § 423.160(b)(5);
- (4)Section 423.162 for QIO activities; and
- (5)Section 423.165 for compliance deemed on the basis of accreditation.
- (e)Out-of-network access. Section 423.124 Special rules for out-of-network access to Part D drugs at out-of-network pharmacies, except for § 423.124(a)(2), which applies to LI NET.
- (f)Medicare contract determinations and appeals. Subpart N, except for the provisions that apply to LI NET in § 423.2520(d).
- (g)Risk-sharing arrangements. Section 423.336(a), (b), and (d).
- (h)Certification of accuracy of data for price comparison. Section 423.505(k)(6).
- (i)Part D communication requirements. Portions of subpart V of this part related to Part D communication requirements that are inapplicable to LI NET, including:
- (j)Medicare Coverage Gap Discount Program. Subpart W of this part.
- (k)Requirements for a minimum medical loss ratio. Subpart X of this part.
- (l)Recovery audit contractor Part C appeals process. Subpart Z of this part.