117 STAT. 2206
PUBLIC LAW 108–173—DEC. 8, 2003 ‘‘(F) APPLICABLE PORTION DEFINED.—In this paragraph, the term ‘applicable portion’ means, for a fiscal year— ‘‘(i) with respect to MA organizations, the Secretary’s estimate of the total proportion of expenditures under this title that are attributable to expenditures made under this part (including payments under part D that are made to such organizations); or ‘‘(ii) with respect to PDP sponsors, the Secretary’s estimate of the total proportion of expenditures under this title that are attributable to expenditures made to such sponsors under part D.’’. (l) CONFORMING AMENDMENTS.— (1) PROTECTION AGAINST BENEFICIARY SELECTION.—Section 1852(b)(1)(A) (42 U.S.C. 1395w–22(b)(1)(A)) is amended by adding at the end the following: ‘‘The Secretary shall not approve a plan of an organization if the Secretary determines that the design of the plan and its benefits are likely to substantially discourage enrollment by certain MA eligible individuals with the organization.’’. (2) RELATING TO REBATES.— (A) Section 1839(a)(2) (42 U.S.C. 1395r(a)(2)) is amended by striking ‘‘80 percent of any reduction elected under section 1854(f )(1)(E)’’ and inserting ‘‘any credit provided under section 1854(b)(1)(C)(ii)(III)’’. (B) The first sentence of section 1840(i) (42 U.S.C. 1395s(i)) is amended by inserting ‘‘and to reflect any credit provided under section 1854(b)(1)(C)(iv)’’ after ‘‘section 1854(f )(1)(E)’’. (C) Section 1844(c) (42 U.S.C. 1395w(c)) is amended by inserting ‘‘or any credits provided under section 1854(b)(1)(C)(iv)’’ after ‘‘section 1854(f )(1)(E)’’. (3) OTHER CONFORMING AND TECHNICAL AMENDMENTS.— (A) Section 1851(b)(1) (42 U.S.C. 1395w–21(b)(1)) is amended— (i) in subparagraph (B), by striking ‘‘a plan’’ and inserting ‘‘an MA local plan’’; (ii) in subparagraph (B), by striking ‘‘basic benefits described in section 1852(a)(1)(A)’’ and inserting ‘‘benefits under the original medicare fee-for-service program option’’; and (iii) in subparagraph (C), by striking ‘‘in a Medicare+Choice plan’’ and inserting ‘‘in an MA local plan’’. (B) Section 1851(d) (42 U.S.C. 1395w–21(d)) is amended— (i) in paragraph (3), by adding at the end the following new subparagraph: ‘‘(F) CATASTROPHIC COVERAGE AND SINGLE DEDUCTIBLE.—In the case of an MA regional plan, a description of the catastrophic coverage and single deductible applicable under the plan.’’; (ii) in paragraph (4)(A)(ii), by inserting ‘‘, including information on the single deductible (if applicable) under section 1858(b)(1)’’ after ‘‘cost sharing’’; (iii) in paragraph (4)(B)(i), by striking ‘‘Medicare+Choice monthly basic’’ and all that follows
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