Page:United States Statutes at Large Volume 124.djvu/1043

 124 STAT. 1017 PUBLIC LAW 111–148—MAR. 23, 2010 (2) by inserting ‘‘($3,000,000,000 after 2017)’’ after ‘‘$2,000,000,000’’, and (3) by striking ‘‘2008’’ in subsection (i) and inserting ‘‘2009’’. (b) EFFECTIVE DATE.—The amendments made by this section shall take effect as if included in the enactment of section 9009. SEC. 10905. MODIFICATION OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS. (a) DETERMINATION OF FEE AMOUNT.—Subsection (b) of section 9010 of this Act is amended to read as follows: ‘‘(b) DETERMINATION OF FEE AMOUNT.— ‘‘(1) IN GENERAL.—With respect to each covered entity, the fee under this section for any calendar year shall be equal to an amount that bears the same ratio to the applicable amount as— ‘‘(A) the covered entity’s net premiums written with respect to health insurance for any United States health risk that are taken into account during the preceding cal- endar year, bears to ‘‘(B) the aggregate net premiums written with respect to such health insurance of all covered entities that are taken into account during such preceding calendar year. ‘‘(2) AMOUNTS TAKEN INTO ACCOUNT.—For purposes of para- graph (1), the net premiums written with respect to health insurance for any United States health risk that are taken into account during any calendar year with respect to any covered entity shall be determined in accordance with the fol- lowing table: ‘‘With respect to a covered entity’s net pre- miums written during the calendar year that are: The percentage of net premiums writ- ten that are taken into account is: Not more than $25,000,000 ..................... 0 percent More than $25,000,000 but not more than $50,000,000. 50 percent More than $50,000,000 ............................. 100 percent. ‘‘(3) SECRETARIAL DETERMINATION.—The Secretary shall calculate the amount of each covered entity’s fee for any cal- endar year under paragraph (1). In calculating such amount, the Secretary shall determine such covered entity’s net pre- miums written with respect to any United States health risk on the basis of reports submitted by the covered entity under subsection (g) and through the use of any other source of information available to the Secretary.’’. (b) APPLICABLE AMOUNT.—Subsection (e) of section 9010 of this Act is amended to read as follows: ‘‘(e) APPLICABLE AMOUNT.—For purposes of subsection (b)(1), the applicable amount shall be determined in accordance with the following table: ‘‘Calendar year Applicable amount 2011 ........................................................... $2,000,000,000 2012 ........................................................... $4,000,000,000 26 USC 4001 note prec. 26 USC 4001 note prec.