Page:United States Statutes at Large Volume 100 Part 1.djvu/215

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-272—APR. 7, 1986

100 STAT. 179

(2) Subsection (a)(3) of such section is amended by striking out "Payments" and inserting in lieu thereof "Subject to subsection (c)(7), payments". (3) Subsection (a)(6) of such section is amended by striking out " I f and inserting in lieu thereof "Subject to subsection (c)(7), if. (b) DiSENROLLMENTS.— (1) EFFECTIVE DATE.—Subsection (c)(3)(B) of such section is

amended by striking out "a full calendar month after" and inserting in lieu thereof "the date on which". (2) INFORMATION.—Such subsection is further amended by adding at the end the following: "In the case of an individual's termination of enrollment, the organization shall provide the individual with a copy of the written request for termination of enrollment and a written explanation of the period (ending on the effective date of the termination) during which the individual continues to be enrolled with the organization and may not receive benefits under this title other than through the organization.". . f -i (c) REVIEW OF MARKETING MATERIAL.—Subsection (c)(3)(C) of such section is amended by adding at the end the following: "No brochures, application forms, or other promotional or informational material may be distributed by an organization to (or for the use of) individuals eligible to enroll with the organization under this section unless (i) at least 45 days before its distribution, the organization has submitted the material to the Secretary for review and (ii) the Secretary has not disapproved the distribution of the material. The Secretary shall review all such material submitted and shall disapprove such material if the Secretary determines, in the Secretary's discretion, that the material is materially inaccurate or misleading or otherwise makes a material misrepresentation.". (d) PROMPT PUBLICATION OF AAPCC.—Subsection (a)(1)(A) of such section is amended by inserting after "The Secretary shall annually determine" the following: ", and shall publish not later than September 7 before the calendar year concerned". (e) EFFECTIVE DATES.— 42 USC 1395mm (1) FINANCIAL RESPONSIBILITY.—The amendments made by ^°^^subsection (a) shall apply to enrollments and disenrollments that become effective on or after the date of the enactment of this Act. (2) DISENROLLMENTS.—The amendments made by subsection (b) shall apply to requests for termination of enrollment submitted on or after May 1, 1986. (3) MATERIAL REVIEW.—(A) The amendment made by subsection (c) shall not apply to material which has been distributed before July 1, 1986. (B) Such amendment also shall not apply so as to require the submission of material which is distributed before July 1, 1986. (C) Such amendment shall also not apply to material which the Secretary determines has been prepared before the date of the enactment of this Act and for which a commitment for distribution has been made, if the application of such amendment would constitute a hardship for the organization involved. (4) PUBLICATION.—The amendment made by subsection (d) shall apply to determinations of per capita rates of payment for 1987 and subsequent years. (5) NECESSARY MODIFICATION OF CONTRACTS.—The Secretary of

Health and Human Services shall provide for such changes in