Page:United States Statutes at Large Volume 117.djvu/2195

 117 STAT. 2176

PUBLIC LAW 108–173—DEC. 8, 2003

(2) the final study under subsection (c) not later than January 1, 2007. (e) CONSULTATION.—The Comptroller General shall consult with sponsors of employment-based retiree health coverage, benefits experts, human resources professionals, employee benefits consultants, and academics with experience in health benefits and survey research in the development and design of the initial and final studies under this section.

TITLE II—MEDICARE ADVANTAGE Subtitle A—Implementation of Medicare Advantage Program 42 USC 1395w–21 note.

Effective date.

SEC. 201. IMPLEMENTATION OF MEDICARE ADVANTAGE PROGRAM.

(a) IN GENERAL.—There is hereby established the Medicare Advantage program. The Medicare Advantage program shall consist of the program under part C of title XVIII of the Social Security Act (as amended by this Act). (b) REFERENCES.—Subject to subsection (c), any reference to the program under part C of title XVIII of the Social Security Act shall be deemed a reference to the Medicare Advantage program and, with respect to such part, any reference to ‘‘Medicare+Choice’’ is deemed a reference to ‘‘Medicare Advantage’’ and ‘‘MA’’. (c) TRANSITION.—In order to provide for an orderly transition and avoid beneficiary and provider confusion, the Secretary shall provide for an appropriate transition in the use of the terms ‘‘Medicare+Choice’’ and ‘‘Medicare Advantage’’ (or ‘‘MA’’) in reference to the program under part C of title XVIII of the Social Security Act. Such transition shall be fully completed for all materials for plan years beginning not later than January 1, 2006. Before the completion of such transition, any reference to ‘‘Medicare Advantage’’ or ‘‘MA’’ shall be deemed to include a reference to ‘‘Medicare+Choice’’.

Subtitle B—Immediate Improvements SEC. 211. IMMEDIATE IMPROVEMENTS.

(a) EQUALIZING PAYMENTS WITH FEE-FOR-SERVICE.— (1) IN GENERAL.—Section 1853(c)(1) (42 U.S.C. 1395w– 23(c)(1)) is amended by adding at the end the following: ‘‘(D) 100 PERCENT OF FEE-FOR-SERVICE COSTS.— ‘‘(i) IN GENERAL.—For each year specified in clause (ii), the adjusted average per capita cost for the year involved, determined under section 1876(a)(4) and adjusted as appropriate for the purpose of risk adjustment, for the MA payment area for individuals who are not enrolled in an MA plan under this part for the year, but adjusted to exclude costs attributable to payments under section 1886(h). ‘‘(ii) PERIODIC REBASING.—The provisions of clause (i) shall apply for 2004 and for subsequent years as the Secretary shall specify (but not less than once every 3 years).

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