Page:United States Statutes at Large Volume 120.djvu/79

 120 STAT. 48

PUBLIC LAW 109–171—FEB. 8, 2006 1395i) or from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act (42 U.S.C. 1395t) for claims submitted under part A or B of title XVIII of such Act for items and services furnished under such part A or B, respectively, that would otherwise be payable during the period beginning on September 22, 2006, and ending on September 30, 2006, shall be paid on the first business day of October 2006; and (2) no interest or late penalty shall be paid to an entity or individual for any delay in a payment by reason of the application of paragraph (1). SEC. 5204. MEDICARE INTEGRITY PROGRAM FUNDING.

Section 1817(k)(4) of the Social Security Act (42 U.S.C. 1395i(k)(4)) is amended— (1) in subparagraph (B), by striking ‘‘The amount’’ and inserting ‘‘Subject to subparagraph (C), the amount’’; and (2) by adding at the end the following new subparagraph: ‘‘(C) ADJUSTMENTS.—The amount appropriated under subparagraph (A) for a fiscal year is increased as follows: ‘‘(i) For fiscal year 2006, $100,000,000.’’.

Subtitle D—Provisions Relating to Part C SEC. 5301. PHASE-OUT OF RISK ADJUSTMENT BUDGET NEUTRALITY IN DETERMINING THE AMOUNT OF PAYMENTS TO MEDICARE ADVANTAGE ORGANIZATIONS.

(a) IN GENERAL.—Section 1853 of the Social Security Act (42 U.S.C. 1395w–23) is amended— (1) in subsection (j)(1)— (A) in subparagraph (A)— 1⁄12 of (i) by inserting ‘‘(or, beginning with 2007, the applicable amount determined under subsection (k)(1))’’ after ‘‘1853(c)(1)’’; and (ii) by inserting ‘‘(for years before 2007)’’ after ‘‘adjusted as appropriate’’; (B) in subparagraph (B), by inserting ‘‘(for years before 2007)’’ after ‘‘adjusted as appropriate’’; and (2) by adding at the end the following new subsection: ‘‘(k) DETERMINATION OF APPLICABLE AMOUNT FOR PURPOSES OF CALCULATING THE BENCHMARK AMOUNTS.— ‘‘(1) APPLICABLE AMOUNT DEFINED.—For purposes of subsection (j), subject to paragraph (2), the term ‘applicable amount’ means for an area— ‘‘(A) for 2007— ‘‘(i) if such year is not specified under subsection (c)(1)(D)(ii), an amount equal to the amount specified in subsection (c)(1)(C) for the area for 2006— ‘‘(I) first adjusted by the rescaling factor for 2006 for the area (as made available by the Secretary in the announcement of the rates on April 4, 2005, under subsection (b)(1), but excluding any national adjustment factors for coding intensity and risk adjustment budget neutrality that were included in such factor); and

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