Page:United States Statutes at Large Volume 124.djvu/469

 124 STAT. 443 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(AA) the applicable amount deter- mined under subsection (k)(1) for the area for the year; and ‘‘(BB) 12; and ‘‘(bb) 2⁄3 of the MA competitive benchmark amount (as so determined) for the area for the month; ‘‘(V) for 2014, the MA competitive benchmark amount for the area for a month in 2013 (as so determined), increased by the national per capita MA growth percentage, described in subsection (c)(6) for 2014, but not taking into account any adjustment under subparagraph (C) of such sub- section for a year before 2004; and ‘‘(VI) for 2015 and each subsequent year, the MA competitive benchmark amount (as so deter- mined) for the area for the month; or’’; (iii) in clause (ii), as redesignated by clause (i), by striking ‘‘subparagraph (A)’’ and inserting ‘‘clause (i)’’; (D) by adding at the end the following new paragraphs: ‘‘(2) COMPUTATION OF MA COMPETITIVE BENCHMARK AMOUNT.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B) and paragraph (3), for months in each year (beginning with 2012) for each MA payment area the Secretary shall com- pute an MA competitive benchmark amount equal to the weighted average of the unadjusted MA statutory non- drug monthly bid amount (as defined in section 1854(b)(2)(E)) for each MA plan in the area, with the weight for each plan being equal to the average number of bene- ficiaries enrolled under such plan in the reference month (as defined in section 1858(f)(4), except that, in applying such definition for purposes of this paragraph, ‘to compute the MA competitive benchmark amount under section 1853(j)(2)’ shall be substituted for ‘to compute the percent- age specified in subparagraph (A) and other relevant percentages under this part’). ‘‘(B) WEIGHTING RULES.— ‘‘(i) SINGLE PLAN RULE.—In the case of an MA payment area in which only a single MA plan is being offered, the weight under subparagraph (A) shall be equal to 1. ‘‘(ii) USE OF SIMPLE AVERAGE AMONG MULTIPLE PLANS IF NO PLANS OFFERED IN PREVIOUS YEAR.—In the case of an MA payment area in which no MA plan was offered in the previous year and more than 1 MA plan is offered in the current year, the Secretary shall use a simple average of the unadjusted MA statu- tory non-drug monthly bid amount (as so defined) for purposes of computing the MA competitive benchmark amount under subparagraph (A). ‘‘(3) CAP ON MA COMPETITIVE BENCHMARK AMOUNT.—In no case shall the MA competitive benchmark amount for an area for a month in a year be greater than the applicable amount