Page:United States Statutes at Large Volume 117.djvu/2223

 117 STAT. 2204

42 USC 1395w–23.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

PUBLIC LAW 108–173—DEC. 8, 2003

under subsection (a)(6), the amounts of the MA monthly basic, prescription drug, and supplemental beneficiary premiums, and the MA monthly MSA premium charged under subsection (b) of an MA organization under this part may not vary among individuals enrolled in the plan.’’. (3) PREMIUMS.—Section 1854(d)(1) (42 U.S.C. 1395w– 24(d)(1)), as amended by subsection (c)(1), is amended by inserting ‘‘, prescription drug,’’ after ‘‘basic’’. (4) LIMITATION ON ENROLLEE LIABILITY.—Section 1854(e) (42 U.S.C. 1395w–24(e)) is amended— (A) in paragraph (1), by striking ‘‘.—In’’ and inserting ‘‘BEFORE 2006.—For periods before 2006, in’’; (B) in paragraph (2), by striking ‘‘.—If’’ and insert ‘‘BEFORE 2006.—For periods before 2006, if’’; (C) in paragraph (3), by striking ‘‘or (2)’’ and inserting ‘‘, (2), or (4)’’; and (D) in paragraph (4)— (i) by inserting ‘‘AND FOR BASIC BENEFITS BEGINNING IN 2006’’ after ‘‘PLANS’’; (ii) in the matter before subparagraph (A), by inserting ‘‘and for periods beginning with 2006, with respect to an MA plan described in section 1851(a)(2)(A)’’ after ‘‘MSA plan)’’; (iii) in subparagraph (A), by striking ‘‘required benefits described in section 1852(a)(1)’’ and inserting ‘‘benefits under the original medicare fee-for-service program option’’; and (iv) in subparagraph (B), by inserting ‘‘with respect to such benefits’’ after ‘‘would be applicable’’. (5) MODIFICATION OF ACR PROCESS.—Section 1854(f) (42 U.S.C. 1395w–24(f)) is amended— (A) in the heading, by inserting ‘‘BEFORE 2006’’ after ‘‘ADDITIONAL BENEFITS’’; and (B) in paragraph (1)(A), by striking ‘‘Each’’ and inserting ‘‘For years before 2006, each’’. (h) PLAN INCENTIVES.—Section 1852(j)(4) (42 U.S.C. 1395w– 22(j)(4)) is amended— (1) by inserting ‘‘the organization provides assurances satisfactory to the Secretary that’’ after ‘‘unless’’; (2) in clause (ii)— (A) by striking ‘‘the organization—’’ and all that follows through ‘‘(I) provides’’ and inserting ‘‘the organization provides’’; (B) by striking ‘‘, and’’ and inserting a period; and (C) by striking subclause (II); and (3) by striking clause (iii). (i) CONTINUATION OF TREATMENT OF ENROLLEES WITH ENDSTAGE RENAL DISEASE.—Section 1853(a)(1)(H), as redesignated under subsection (d)(1)(A), is amended— (1) by amending the second sentence to read as follows: ‘‘Such rates of payment shall be actuarially equivalent to rates that would have been paid with respect to other enrollees in the MA payment area (or such other area as specified by the Secretary) under the provisions of this section as in effect before the date of the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.’’; and

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