1. Short title This Act may be cited as the Secondary Payer Advancement, Rationalization, and Clarification Act or the SPARC Act . 2. Clarification and rationalization of Medicare prescription drug secondary claims responsibility (a) In general Section 1860D–2(a)(4) of the Social Security Act ( 42 U.S.C. 1395w–102(a)(4) ) is amended to read as follows: (4) Secondary payor and recovery rights (A) In general (i) Application of secondary payor A prescription drug plan shall be secondary payor to any valid and collectible payment from a primary drug plan (as defined in clause (iv)) until such time as such primary drug plan pays a final settlement, judgment, or award to an individual enrolled under the prescription drug plan with regard to an injury or illness involved or otherwise terminates its ongoing responsibility for medical payments with respect to the individual. (ii) Limitation on parties making prescription drug plans primary A primary drug plan (as defined in clause (iv), other than a group health plan or multiemployer or multiple employer plan of, or contributed to by, an employer that has 20 or fewer employees for each working day in each of 20 or more calendar weeks in the calendar year involved or the preceding calendar year), a self-insured plan, a service benefit plan, a managed care organization, a pharmacy benefit manager, or other party that, by statute, contract, or agreement, is legally responsible for payment of a claim for a covered outpatient drug, in enrolling an individual or in making any payments for benefits to the individual or on the individual’s behalf, may not take into account that the individual is enrolled under a prescription drug plan under this part or is eligible for or is provided coverage for covered part D drugs under this part. (iii) Limitation on secretarial claims through subrogation The Secretary shall not assert any claim on behalf or against a prescription drug plan, other than through the recovery from such a plan of amounts paid related to a covered part D drug