Page:United States Statutes at Large Volume 124.djvu/1066

 124 STAT. 1040 PUBLIC LAW 111–152—MAR. 30, 2010 described in paragraph (6) for the year involved, minus 0.25 percentage point; ‘‘(IV) for each of years 2016 through 2019, is equal to the amount specified in this subpara- graph for the previous year, increased by the lesser of— ‘‘(aa) the annual percentage increase described in paragraph (7) for the year involved, plus 2 percentage points; or ‘‘(bb) the annual percentage increase described in paragraph (6) for the year; ‘‘(V) for 2020, is equal to the amount that would have been applied under this subparagraph for 2020 if the amendments made by section 1101(d)(1) of the Health Care and Education Rec- onciliation Act of 2010 had not been enacted; or’’; and (2) by adding at the end the following new paragraph: ‘‘(7) ADDITIONAL ANNUAL PERCENTAGE INCREASE.—The annual percentage increase specified in this paragraph for a year is equal to the annual percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending in July of the previous year.’’. SEC. 1102. MEDICARE ADVANTAGE PAYMENTS. (a) REPEAL.—Ef fective as if included in the enactment of the Patient Protection and Affordable Care Act, sections 3201 and 3203 of such Act (and the amendments made by such sections) are repealed. (b) PHASE-IN OF MODIFIED BENCHMARKS.—Section 1853 of the Social Security Act (42 U.S.C. 1395w–23) is amended— (1) in subsection (j)(1)(A), by striking ‘‘(or, beginning with 2007, 1⁄12 of the applicable amount determined under subsection (k)(1)) for the area for the year’’ and inserting ‘‘for the area for the year (or, for 2007, 2008, 2009, and 2010, 1⁄12 of the applicable amount determined under subsection (k)(1) for the area for the year; for 2011, 1⁄12 of the applicable amount deter- mined under subsection (k)(1) for the area for 2010; and, begin- ning with 2012, 1⁄12 of the blended benchmark amount deter- mined under subsection (n)(1) for the area for the year)’’; and (2) by adding at the end the following new subsection: ‘‘(n) DETERMINATION OF BLENDED BENCHMARK AMOUNT.— ‘‘(1) IN GENERAL.—For purposes of subsection (j), subject to paragraphs (3), (4), and (5), the term ‘blended benchmark amount’ means for an area— ‘‘(A) for 2012 the sum of— ‘‘(i) 1⁄2 of the applicable amount for the area and year; and ‘‘(ii) 1⁄2 of the amount specified in paragraph (2)(A) for the area and year; and ‘‘(B) for a subsequent year the amount specified in paragraph (2)(A) for the area and year. ‘‘(2) SPECIFIED AMOUNT.— ‘‘(A) IN GENERAL.—The amount specified in this subparagraph for an area and year is the product of— ‘‘(i) the base payment amount specified in subpara- graph (E) for the area and year adjusted to take into Definition. Effective date. 42 USC 1395w–21 et seq. and note.