Page:United States Statutes at Large Volume 124.djvu/1069

 124 STAT. 1043 PUBLIC LAW 111–152—MAR. 30, 2010 ‘‘(I) 1⁄6 of the applicable amount for the area and year; and ‘‘(II) 5⁄6 of the amount specified in paragraph (2)(A) for the area and year; and ‘‘(vi) for a subsequent year the amount specified in paragraph (2)(A) for the area and year. ‘‘(C) PROJECTED 2010 BENCHMARK AMOUNT.—The pro- jected 2010 benchmark amount described in this subpara- graph for an area is equal to the sum of— ‘‘(i) 1⁄2 of the applicable amount (as defined in subsection (k)) for the area for 2010; and ‘‘(ii) 1⁄2 of the amount specified in paragraph (2)(A) for the area for 2010 but determined as if there were substituted for the applicable percentage specified in clause (ii) of such paragraph the sum of— ‘‘(I) the applicable percent that would be speci- fied under subparagraph (B) of paragraph (2) (determined without regard to subparagraph (D) of such paragraph) for the area for 2010 if any reference in such paragraph to ‘the previous year’ were deemed a reference to 2010; and ‘‘(II) the applicable percentage increase that would apply to a qualifying plan in the area under subsection (o) as if any reference in such subsection to 2012 were deemed a reference to 2010 and as if the determination of a qualifying county under paragraph (3)(B) of such subsection were made for 2010. ‘‘(4) CAP ON BENCHMARK AMOUNT.—In no case shall the blended benchmark amount for an area for a year (determined taking into account subsection (o)) be greater than the applicable amount that would (but for the application of this subsection) be determined under subsection (k)(1) for the area for the year. ‘‘(5) NON-APPLICATION TO PACE PLANS.—This subsection shall not apply to payments to a PACE program under section 1894.’’. (c) APPLICABLE PERCENTAGE QUALITY INCREASES.—Section 1853 of such Act (42 U.S.C. 1395w–23), as amended by subsection (b), is amended— (1) in subsection (j), by inserting ‘‘subject to subsection (o),’’ after ‘‘For purposes of this part,’’; (2) in subsection (n)(2)(B), as added by subsection (b), by inserting ‘‘, subject to subsection (o)’’ after ‘‘as follows’’; and (3) by adding at the end the following new subsection: ‘‘(o) APPLICABLE PERCENTAGE QUALITY INCREASES.— ‘‘(1) IN GENERAL.—Subject to the succeeding paragraphs, in the case of a qualifying plan with respect to a year beginning with 2012, the applicable percentage under subsection (n)(2)(B) shall be increased on a plan or contract level, as determined by the Secretary— ‘‘(A) for 2012, by 1.5 percentage points; ‘‘(B) for 2013, by 3.0 percentage points; and ‘‘(C) for 2014 or a subsequent year, by 5.0 percentage points. Determination.