42 U.S.C. § 1395w: Access to a choice of qualified prescription drug coverage

The Secretary shall ensure that each part D eligible individual has available, consistent with paragraph (2), a choice of enrollment in at least 2 qualifying plans (as defined in paragraph (3)) in the area in which the individual resides, at least one of which is a prescription drug plan. In any such case in which such plans are not available, the part D eligible individual shall be given the opportunity to enroll in a fallback prescription drug plan. The requirement in paragraph (1) is not satisfied with respect to an area if only one entity offers all the qualifying plans in the area. a prescription drug plan; or basic prescription drug coverage; or qualified prescription drug coverage that provides supplemental prescription drug coverage so long as there is no MA monthly supplemental beneficiary premium applied under the plan, due to the application of a credit against such premium of a rebate under section 1395w–24(b)(1)(C) of this title . the Secretary may approve limited risk plans under section 1395w–111(f) of this title for the area; and only if such access is still not provided in the area after applying paragraph (1), the Secretary shall provide for the offering of a fallback prescription drug plan for that area under section 1395w–111(g) of this title .