Page:United States Statutes at Large Volume 120.djvu/82

 PUBLIC LAW 109–171—FEB. 8, 2006

120 STAT. 51

‘‘(A) IN GENERAL.—The Secretary may not make any adjustment to the percent determined under paragraph (2)(B) for any year. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to limit the authority of the Secretary to make adjustments to the applicable amounts determined under paragraph (1) as appropriate for purposes of updating data or for purposes of adopting an improved risk adjustment methodology.’’. (b) REFINEMENTS TO HEALTH STATUS ADJUSTMENT.—Section 1853(a)(1)(C) of such Act (42 U.S.C. 1395w–23) is amended— (1) by designating the matter after the heading as a clause (i) with the following heading: ‘‘IN GENERAL.—’’ and indenting appropriately; and (2) by adding at the end the following: ‘‘(ii) APPLICATION DURING PHASE-OUT OF BUDGET NEUTRALITY FACTOR.—For 2006 through 2010: ‘‘(I) In applying the adjustment under clause (i) for health status to payment amounts, the Secretary shall ensure that such adjustment reflects changes in treatment and coding practices in the fee-for-service sector and reflects differences in coding patterns between Medicare Advantage plans and providers under part A and B to the extent that the Secretary has identified such differences. ‘‘(II) In order to ensure payment accuracy, the Secretary shall conduct an analysis of the differences described in subclause (I). The Secretary shall complete such analysis by a date necessary to ensure that the results of such analysis are incorporated into the risk scores only for 2008, 2009, and 2010. In conducting such analysis, the Secretary shall use data submitted with respect to 2004 and subsequent years, as available.’’. SEC. 5302. RURAL PACE PROVIDER GRANT PROGRAM.

(a) DEFINITIONS.—In this section: (1) CMS.—The term ‘‘CMS’’ means the Centers for Medicare & Medicaid Services. (2) PACE PROGRAM.—The term ‘‘PACE program’’ has the meaning given that term in sections 1894(a)(2) and 1934(a)(2) of the Social Security Act (42 U.S.C. 1395eee(a)(2); 1396u– 4(a)(2)). (3) PACE PROVIDER.—The term ‘‘PACE provider’’ has the meaning given that term in section 1894(a)(3) or 1934(a)(3) of the Social Security Act (42 U.S.C. 1395eee(a)(3); 1396u– 4(a)(3)). (4) RURAL AREA.—The term ‘‘rural area’’ has the meaning given that term in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D)). (5) RURAL PACE PILOT SITE.—The term ‘‘rural PACE pilot site’’ means a PACE provider that has been approved to provide services in a geographic service area that is, in whole or in part, a rural area, and that has received a site development grant under this section.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

Jkt 059194

PO 00001

Frm 00049

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL001.109

42 USC 1395eee note.

APPS06

PsN: PUBL001

�