Page:United States Statutes at Large Volume 102 Part 1.djvu/784

 102 STAT. 746

Reports.

42 USC 1395SS. State and local governments.

PUBLIC LAW 100-360—JULY 1, 1988

"(5) In this subsection, the term *NAIC Model Transition Regulation' refers to the standards contained in the 'Model Regulation to Implement Transitional Requirements for the Conversion of Medicare Supplement Insurance Benefits and Premiums to Conform to Medicare Program Revisions' (as adopted by the National Association of Insurance Commissioners in September 1987). "(6) The Secretary shall report to the Congress in March 1989 and in July 1990 on actions States have taken in adopting standards equal to or more stringent than the NAIC Model Transition Regulation or the amended NAIC Model Regulation (or Federal model standards).". (e) REQUIRED SUBMISSION OP ADVERTISING.—Section 1882(b) is further amended by adding at the end the following new paragraph: "(3) Notwithstanding paragraph (1), a medicare supplemental policy offered in a State shall not be deemed to meet the standards and requirements set forth in subsection (c), with respect to an advertisement (whether through written, radio, or television medium) used (or, at a State's option, to be used) for the policy in the State, unless the entity issuing the policy provides a copy of each advertisement to the Commissioner of Insurance (or comparable officer identified by the Secretary) of that State for review or approval to the extent it may be required under State law.". (f) APPOINTMENT OF SUPPLEMENTAL HEALTH INSURANCE PANEL

MEMBERS.—Section 188201)X2XA) is amended by striking ''appointed by the President" and inserting "appointed by the Secretary". 42 USC 1395SS note.

42 USC 1395mm note.

(g) EFFECTIVE DATES.—

(1) Except as provided in paragraphs (2) and (3), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b) shall become effective on the date specified in subsection (k)(l)(B) or (k)(2)(B) of section 1882 of the Social Security Act (as added by subsection (c) of this section). (3) The amendment made by subsection (f) shall apply to medicare supplemental policies as of January 1, 1989, with respect to advertising used on or after such date. (4) The Secretary of Health and Human Services shall provide for the reappointment of members to the Supplemental Health Insurance Panel (under section 1882(b)(2) of the Social Security Act) by not later than 90 days after the date of the enactment of this Act. SEC. 222. ADJUSTMENT OF CONTRACTS WITH PREPAID HEALTH PLANS.

The Secretary of Health and Human Services shall— (1) modify contracts under sections 1833(a)(l)(A) and 1876 of the Social Security Act, for portions of contract years occurring after December 31, 1988, to take into account the amendments made by this Act; and (2) require such organizations to make appropriate adjustments (including ac^ustments in premiums and benefits) in the terms of their agreements with medicare beneficiaries to take into account such amendments. The Secretary shall also provide for appropriate modifications of contracts with health maintenance organizations under section 1876(i)(2)(A) of the Social Security Act (as in effect before February 1, 1985), under section 402(a) of the Social Security Amendments of 1967, or under section 222(a) of the Social Security Amendments of

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