Page:United States Statutes at Large Volume 120.djvu/123

 120 STAT. 92

42 USC 1396u–7 note.

PUBLIC LAW 109–171—FEB. 8, 2006 ‘‘(A) by an individual who is a member of the American Academy of Actuaries; ‘‘(B) using generally accepted actuarial principles and methodologies; ‘‘(C) using a standardized set of utilization and price factors; ‘‘(D) using a standardized population that is representative of the population involved; ‘‘(E) applying the same principles and factors in comparing the value of different coverage (or categories of services); ‘‘(F) without taking into account any differences in coverage based on the method of delivery or means of cost control or utilization used; and ‘‘(G) taking into account the ability of a State to reduce benefits by taking into account the increase in actuarial value of benefits coverage offered under this title that results from the limitations on cost sharing under such coverage. The actuary preparing the opinion shall select and specify in the memorandum the standardized set and population to be used under subparagraphs (C) and (D). ‘‘(4) COVERAGE OF RURAL HEALTH CLINIC AND FQHC SERVICES.—Notwithstanding the previous provisions of this section, a State may not provide for medical assistance through enrollment of an individual with benchmark coverage or benchmark equivalent coverage under this section unless— ‘‘(A) the individual has access, through such coverage or otherwise, to services described in subparagraphs (B) and (C) of section 1905(a)(2); and ‘‘(B) payment for such services is made in accordance with the requirements of section 1902(bb).’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) takes effect on March 31, 2006. CHAPTER 5—STATE FINANCING UNDER MEDICAID SEC. 6051. MANAGED CARE ORGANIZATION PROVIDER TAX REFORM.

42 USC 1396b note.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

(a) IN GENERAL.—Section 1903(w)(7)(A)(viii) of the Social Security Act (42 U.S.C. 1396b(w)(7)(A)(viii)) is amended to read as follows: ‘‘(viii) Services of managed care organizations (including health maintenance organizations, preferred provider organizations, and such other similar organizations as the Secretary may specify by regulation).’’. (b) EFFECTIVE DATE.— (1) IN GENERAL.—Subject to paragraph (2), the amendment made by subsection (a) shall be effective as of the date of the enactment of this Act. (2) DELAY IN EFFECTIVE DATE.— (A) IN GENERAL.—Subject to subparagraph (B), in the case of a State specified in subparagraph (B), the amendment made by subsection (a) shall be effective as of October 1, 2009. (B) SPECIFIED STATES.—For purposes of subparagraph (A), the States specified in this subparagraph are States that have enacted a law providing for a tax on the services

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