PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2221
‘‘(2) NO
EFFECT ON LATE ENROLLMENT PENALTY OR INCOMERELATED ADJUSTMENT IN SUBSIDIES.—Nothing in this subsection
or section 1860C–1(f) shall be construed as affecting the amount of any premium adjustment under subsection (b) or (i). Subsection (f) shall be applied without regard to any premium adjustment referred to in paragraph (1). ‘‘(3) IMPLEMENTATION.—In order to carry out a premium adjustment under this subsection and section 1860C–1(f) (insofar as it is effected through the manner of collection of premiums under section 1840(a)), the Secretary shall transmit to the Commissioner of Social Security— ‘‘(A) at the beginning of each year, the name, social security account number, and the amount of the premium adjustment (if any) for each individual enrolled under this part for each month during the year; and ‘‘(B) periodically throughout the year, information to update the information previously transmitted under this paragraph for the year.’’. (B) Section 1844(c) (42 U.S.C. 1395w(c)) is amended by inserting ‘‘and without regard to any premium adjustment effected under sections 1839(h) and 1860C–1(f)’’ before the period at the end. (c) NO CHANGE IN MEDICARE’S DEFINED BENEFIT PACKAGE.— Nothing in this part (or the amendments made by this part) shall be construed as changing the entitlement to defined benefits under parts A and B of title XVIII of the Social Security Act.
Applicability.
42 USC 1395w–29 note.
TITLE III—COMBATTING WASTE, FRAUD, AND ABUSE SEC. 301. MEDICARE SECONDARY PAYOR (MSP) PROVISIONS.
(a)
TECHNICAL AMENDMENT CONCERNING SECRETARY’S AUTHORITY TO MAKE CONDITIONAL PAYMENT WHEN CERTAIN PRIMARY PLANS DO NOT PAY PROMPTLY.—Section 1862(b)(2) (42 U.S.C. 1395y(b)(2)) is amended— (1) in subparagraph (A)(ii), by striking ‘‘promptly (as determined in accordance with regulations)’’; and (2) in subparagraph (B)— (A) by redesignating clauses (i) through (v) as clauses (ii) through (vi), respectively; and (B) by inserting before clause (ii), as so redesignated, the following new clause: ‘‘(i) AUTHORITY TO MAKE CONDITIONAL PAYMENT.— The Secretary may make payment under this title with respect to an item or service if a primary plan described in subparagraph (A)(ii) has not made or cannot reasonably be expected to make payment with respect to such item or service promptly (as determined in accordance with regulations). Any such payment by the Secretary shall be conditioned on reimbursement to the appropriate Trust Fund in accordance with the succeeding provisions of this subsection.’’. (b) CLARIFYING AMENDMENTS TO CONDITIONAL PAYMENT PROVISIONS.—Section 1862(b)(2) (42 U.S.C. 1395y(b)(2)), as amended by subsection (a), is amended—
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