124 STAT. 905 PUBLIC LAW 111–148—MAR. 23, 2010 are lower than 3:1, the State may require that Exchanges operating in such State only permit the offering of such multi- State qualified health plans if such plans comply with the State’s more protective age rating requirements. ‘‘(d) PLANS DEEMED TO BE CERTIFIED.—A multi-State qualified health plan that is offered under a contract under subsection (a) shall be deemed to be certified by an Exchange for purposes of section 1311(d)(4)(A). ‘‘(e) PHASE-IN.—Notwithstanding paragraphs (1) and (2) of sub- section (b), the Director shall enter into a contract with a health insurance issuer for the offering of a multi-State qualified health plan under subsection (a) if— ‘‘(1) with respect to the first year for which the issuer offers such plan, such issuer offers the plan in at least 60 percent of the States; ‘‘(2) with respect to the second such year, such issuer offers the plan in at least 70 percent of the States; ‘‘(3) with respect to the third such year, such issuer offers the plan in at least 85 percent of the States; and ‘‘(4) with respect to each subsequent year, such issuer offers the plan in all States. ‘‘(f) APPLICABILITY.—The requirements under chapter 89 of title 5, United States Code, applicable to health benefits plans under such chapter shall apply to multi-State qualified health plans pro- vided for under this section to the extent that such requirements do not conflict with a provision of this title. ‘‘(g) CONTINUED SUPPORT FOR FEHBP.— ‘‘(1) MAINTENANCE OF EFFORT.—Nothing in this section shall be construed to permit the Director to allocate fewer financial or personnel resources to the functions of the Office of Personnel Management related to the administration of the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code. ‘‘(2) SEPARATE RISK POOL.—Enrollees in multi-State quali- fied health plans under this section shall be treated as a separate risk pool apart from enrollees in the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code. ‘‘(3) AUTHORITY TO ESTABLISH SEPARATE ENTITIES.—The Director may establish such separate units or offices within the Office of Personnel Management as the Director determines to be appropriate to ensure that the administration of multi- State qualified health plans under this section does not inter- fere with the effective administration of the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code. ‘‘(4) EFFECTIVE OVERSIGHT.—The Director may appoint such additional personnel as may be necessary to enable the Director to carry out activities under this section. ‘‘(5) ASSURANCE OF SEPARATE PROGRAM.—In carrying out this section, the Director shall ensure that the program under this section is separate from the Federal Employees Health Benefit Program under chapter 89 of title 5, United States Code. Premiums paid for coverage under a multi-State qualified health plan under this section shall not be considered to be Federal funds for any purposes. Contracts.
