Page:United States Statutes at Large Volume 124.djvu/196

 124 STAT. 170 PUBLIC LAW 111–148—MAR. 23, 2010 option. Services described in subparagraph (B)(ii) shall be covered to the same extent as such services are covered under title XIX of the Social Security Act. (D) ASSURED AVAILABILITY OF VARIED COVERAGE THROUGH EXCHANGES.— (i) IN GENERAL.—The Secretary shall assure that with respect to qualified health plans offered in any Exchange established pursuant to this title— (I) there is at least one such plan that provides coverage of services described in clauses (i) and (ii) of subparagraph (B); and (II) there is at least one such plan that does not provide coverage of services described in subparagraph (B)(i). (ii) SPECIAL RULES.—For purposes of clause (i)— (I) a plan shall be treated as described in clause (i)(II) if the plan does not provide coverage of services described in either subparagraph (B)(i) or (B)(ii); and (II) if a State has one Exchange covering more than 1 insurance market, the Secretary shall meet the requirements of clause (i) separately with respect to each such market. (2) PROHIBITION ON THE USE OF FEDERAL FUNDS.— (A) IN GENERAL.—If a qualified health plan provides coverage of services described in paragraph (1)(B)(i), the issuer of the plan shall not use any amount attributable to any of the following for purposes of paying for such services: (i) The credit under section 36B of the Internal Revenue Code of 1986 (and the amount (if any) of the advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act). (ii) Any cost-sharing reduction under section 1402 of thePatient Protection and Affordable Care Act (and the amount (if any) of the advance payment of the reduction under section 1412 of the Patient Protection and Affordable Care Act). (B) SEGREGATION OF FUNDS.—In the case of a plan to which subparagraph (A) applies, the issuer of the plan shall, out of amounts not described in subparagraph (A), segregate an amount equal to the actuarial amounts deter- mined under subparagraph (C) for all enrollees from the amounts described in subparagraph (A). (C) ACTUARIAL VALUE OF OPTIONAL SERVICE COV- ERAGE.— (i) IN GENERAL.—The Secretary shall estimate the basic per enrollee, per month cost, determined on an average actuarial basis, for including coverage under a qualified health plan of the services described in paragraph (1)(B)(i). (ii) CONSIDERATIONS.—In making such estimate, the Secretary— (I) may take into account the impact on overall costs of the inclusion of such coverage, but may not take into account any cost reduction estimated Cost estimate.