124 STAT. 210 PUBLIC LAW 111–148—MAR. 23, 2010 (A) IN GENERAL.—The Secretary shall include in the provisions under paragraph (1) the method for determining the amount each health insurance issuer and group health plan described in paragraph (1)(A) contributing to the reinsurance program under this section is required to con- tribute under such paragraph for each plan year beginning in the 36-month period beginning January 1, 2014. The contribution amount for any plan year may be based on the percentage of revenue of each issuer and the total costs of providing benefits to enrollees in self-insured plans or on a specified amount per enrollee and may be required to be paid in advance or periodically throughout the plan year. (B) SPECIFIC REQUIREMENTS.—The method under this paragraph shall be designed so that— (i) the contribution amount for each issuer propor- tionally reflects each issuer’s fully insured commercial book of business for all major medical products and the total value of all fees charged by the issuer and the costs of coverage administered by the issuer as a third party administrator; (ii) the contribution amount can include an addi- tional amount to fund the administrative expenses of the applicable reinsurance entity; (iii) the aggregate contribution amounts for all States shall, based on the best estimates of the NAIC and without regard to amounts described in clause (ii), equal $10,000,000,000 for plan years beginning in 2014, $6,000,000,000 for plan years beginning 2015, and $4,000,000,000 for plan years beginning in 2016; and (iv) in addition to the aggregate contribution amounts under clause (iii), each issuer’s contribution amount for any calendar year under clause (iii) reflects its proportionate share of an additional $2,000,000,000 for 2014, an additional $2,000,000,000 for 2015, and an additional $1,000,000,000 for 2016. Nothing in this subparagraph shall be construed to pre- clude a State from collecting additional amounts from issuers on a voluntary basis. (4) EXPENDITURE OF FUNDS.—The provisions under para- graph (1) shall provide that— (A) the contribution amounts collected for any calendar year may be allocated and used in any of the three calendar years for which amounts are collected based on the reinsur- ance needs of a particular period or to reflect experience in a prior period; and (B) amounts remaining unexpended as of December, 2016, may be used to make payments under any reinsur- ance program of a State in the individual market in effect in the 2-year period beginning on January 1, 2017. Notwithstanding the preceding sentence, any contribution amounts described in paragraph (3)(B)(iv) shall be deposited into the general fund of the Treasury of the United States and may not be used for the program established under this section. Time period. Effective date. Effective date. Time period.
