Page:United States Statutes at Large Volume 124.djvu/468

 124 STAT. 442 PUBLIC LAW 111–148—MAR. 23, 2010 (B) for which more than 60 percent of its inpatient days or discharges during 2 of the 3 most recently audited cost reporting periods for which the Secretary has a settled cost report were attributable to inpatients entitled to bene- fits under part A of title XVIII of such Act. (b) REPORT.—Not later than 9 months after the date of enact- ment of this Act, the Secretary shall submit to Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. SEC. 3143. PROTECTING HOME HEALTH BENEFITS. Nothing in the provisions of, or amendments made by, this Act shall result in the reduction of guaranteed home health benefits under title XVIII of the Social Security Act. Subtitle C—Provisions Relating to Part C SEC. 3201. MEDICARE ADVANTAGE PAYMENT. (a) MA BENCHMARK BASED ON PLAN’S COMPETITIVE BIDS.— (1) IN GENERAL.—Section 1853(j) of the Social Security Act (42 U.S.C. 1395w–23(j)) is amended— (A) by striking ‘‘AMOUNTS.—For purposes’’ and inserting ‘‘AMOUNTS.— ‘‘(1) IN GENERAL.—For purposes’’; (B) by redesignating paragraphs (1) and (2) as subpara- graphs (A) and (B), respectively, and indenting the subpara- graphs appropriately; (C) in subparagraph (A), as redesignated by subpara- graph (B)— (i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting the clauses appropriately; and (ii) in clause (i), as redesignated by clause (i), by striking ‘‘an amount equal to’’ and all that follows through the end and inserting ‘‘an amount equal to— ‘‘(I) for years before 2007, 1⁄12 of the annual MA capitation rate under section 1853(c)(1) for the area for the year, adjusted as appropriate for the purpose of risk adjustment; ‘‘(II) for 2007 through 2011, 1⁄12 of the applicable amount determined under subsection (k)(1) for the area for the year; ‘‘(III) for 2012, the sum of— ‘‘(aa) 2⁄3 of the quotient of— ‘‘(AA) the applicable amount deter- mined under subsection (k)(1) for the area for the year; and ‘‘(BB) 12; and ‘‘(bb) 1⁄3 of the MA competitive benchmark amount (determined under paragraph (2)) for the area for the month; ‘‘(IV) for 2013, the sum of— ‘‘(aa) 1⁄3 of the quotient of— 42 USC 1395d note.