PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2217
‘‘(B) CONTINUATION.—If an MA local area meets the requirement of subparagraph (A) and is included in a CCA area for 2010, such local area shall continue to be included in such CCA area for a subsequent year notwithstanding that it no longer meets such requirement so long as there is at least one MA local plan described in section 1851(a)(2)(A)(i) that is offered in such local area. ‘‘(3) PHASE-IN OF CCA BENCHMARK.— ‘‘(A) IN GENERAL.—In applying this section for a year before 2013, paragraph (1)(A) shall be applied as if the phase-in fraction under subparagraph (B) of the CCA nondrug monthly benchmark amount for the year were substituted for such fraction of the MA area-specific non-drug monthly benchmark amount. ‘‘(B) PHASE-IN FRACTION.—The phase-in fraction under this subparagraph is— 1⁄4; and ‘‘(i) for 2010 ‘‘(ii) for a subsequent year is the phase-in fraction under this subparagraph for the previous year 1⁄4, but in no case more than 1. increased by ‘‘(e) COMPUTATION OF CCA BENCHMARK AMOUNT.— ‘‘(1) CCA NON-DRUG MONTHLY BENCHMARK AMOUNT.—For purposes of this section, the term ‘CCA non-drug monthly benchmark amount’ means, with respect to a CCA area for a month in a year, the sum of the 2 components described in paragraph (2) for the area and year. The Secretary shall compute such benchmark amount for each such CCA area before the beginning of each annual, coordinated election period under section 1851(e)(3)(B) for each year (beginning with 2010) in which the CCA area is so selected. ‘‘(2) 2 COMPONENTS.—For purposes of paragraph (1), the 2 components described in this paragraph for a CCA area and a year are the following: ‘‘(A) MA LOCAL COMPONENT.—The product of the following: ‘‘(i) WEIGHTED AVERAGE OF MEDICARE ADVANTAGE PLAN BIDS IN AREA.—The weighted average of the plan bids for the area and year (as determined under paragraph (3)(A)). ‘‘(ii) NON-FFS MARKET SHARE.—One minus the feefor-service market share percentage, determined under paragraph (4) for the area and year. ‘‘(B) FEE-FOR-SERVICE COMPONENT.—The product of the following: ‘‘(i) FEE-FOR-SERVICE AREA-SPECIFIC NON-DRUG AMOUNT.—The fee-for-service area-specific non-drug amount (as defined in paragraph (5)) for the area and year. ‘‘(ii) FEE-FOR-SERVICE MARKET SHARE.—The fee-forservice market share percentage, determined under paragraph (4) for the area and year. ‘‘(3) DETERMINATION OF WEIGHTED AVERAGE MA BIDS FOR A CCA AREA.— ‘‘(A) IN GENERAL.—For purposes of paragraph (2)(A)(i), the weighted average of plan bids for a CCA area and a year is, subject to subparagraph (D), the sum of the
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