Page:United States Statutes at Large Volume 117.djvu/2212

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[117 STAT. 2193]
PUBLIC LAW 107-000—MMMM. DD, 2003
[117 STAT. 2193]

PUBLIC LAW 108–173—DEC. 8, 2003

117 STAT. 2193

(ii) in subparagraph (A)(iii), by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph (1)(A)’’; and (iii) in subparagraph (B)— (I) by inserting ‘‘with respect to MA local plans’’ after ‘‘established under this section’’; (II) by inserting ‘‘for such plans’’ after ‘‘payments under this section’’; and (III) by inserting ‘‘for such plans’’ after ‘‘made under this section’’. (2) MA LOCAL AREA DEFINED.—Section 1859(c) (42 U.S.C. 1395w–29(c)) is amended by adding at the end the following: ‘‘(5) MA LOCAL AREA.—The term ‘MA local area’ is defined in section 1853(d)(2).’’. (3) APPLICATION OF SPECIAL BENEFIT RULES TO PPOS AND REGIONAL PLANS.—Section 1852(a) (42 U.S.C. 1395w–22(a)) is amended— (A) in paragraph (1), by inserting ‘‘and except as provided in paragraph (6) for MA regional plans’’ after ‘‘MSA plans’’; and (B) by adding at the end the following new paragraph: ‘‘(6) SPECIAL BENEFIT RULES FOR REGIONAL PLANS.—In the case of an MA plan that is an MA regional plan, benefits under the plan shall include the benefits described in paragraphs (1) and (2) of section 1858(b).’’. (4) APPLICATION OF CAPITATION RATES TO LOCAL AREAS.— Section 1853(c)(1) (42 U.S.C. 1395w–23(c)(1)) is amended by inserting ‘‘that is an MA local area’’ after ‘‘for a Medicare+Choice payment area’’. (5) NETWORK ADEQUACY HOSPITAL PAYMENTS.—Section 1851(i)(2) (42 U.S.C. 1395w–21(i)(2)) is amended by inserting ‘‘1858(h),’’ after ‘‘1857(f)(2),’’.

42 USC 1395w–28.

SEC. 222. COMPETITION PROGRAM BEGINNING IN 2006.

(a) SUBMISSION OF BIDDING AND REBATE INFORMATION BEGINNING IN 2006.— (1) IN GENERAL.—Section 1854 (42 U.S.C. 1395w–24) is amended— (A) by amending paragraph (1) of subsection (a) to read as follows: ‘‘(1) IN GENERAL.— ‘‘(A) INITIAL SUBMISSION.—Not later than the second Monday in September of 2002, 2003, and 2004 (or the first Monday in June of each subsequent year), each MA organization shall submit to the Secretary, in a form and manner specified by the Secretary and for each MA plan for the service area (or segment of such an area if permitted under subsection (h)) in which it intends to be offered in the following year the following: ‘‘(i) The information described in paragraph (2), (3), (4), or (6)(A) for the type of plan and year involved. ‘‘(ii) The plan type for each plan. ‘‘(iii) The enrollment capacity (if any) in relation to the plan and area. ‘‘(B) BENEFICIARY REBATE INFORMATION.—In the case of a plan required to provide a monthly rebate under subsection (b)(1)(C) for a year, the MA organization offering the plan shall submit to the Secretary, in such form and

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