Page:United States Statutes at Large Volume 124.djvu/471

 124 STAT. 445 PUBLIC LAW 111–148—MAR. 23, 2010 and shall meet actuarial guidelines and rules established by the Secretary under subparagraph (B)(v).’’. (2) ESTABLISHMENT OF ACTUARIAL GUIDELINES.—Section 1854(a)(6)(B) of the Social Security Act (42 U.S.C. 1395w– 24(a)(6)(B)) is amended— (A) in clause (i), by striking ‘‘(iii) and (iv)’’ and inserting ‘‘(iii), (iv), and (v)’’; and (B) by adding at the end the following new clause: ‘‘(v) ESTABLISHMENT OF ACTUARIAL GUIDELINES.— ‘‘(I) IN GENERAL.—In order to establish fair MA competitive benchmarks under section 1853(j)(1)(A)(i), the Secretary, acting through the Chief Actuary of the Centers for Medicare & Med- icaid Services (in this clause referred to as the ‘Chief Actuary’), shall establish— ‘‘(aa) actuarial guidelines for the submis- sion of bid information under this paragraph; and ‘‘(bb) bidding rules that are appropriate to ensure accurate bids and fair competition among MA plans. ‘‘(II) DENIAL OF BID AMOUNTS.—The Secretary shall deny monthly bid amounts submitted under subparagraph (A) that do not meet the actuarial guidelines and rules established under subclause (I). ‘‘(III) REFUSAL TO ACCEPT CERTAIN BIDS DUE TO MISREPRESENTATIONS AND FAILURES TO ADE- QUATELY MEET REQUIREMENTS.—In the case where the Secretary determines that information sub- mitted by an MA organization under subparagraph (A) contains consistent misrepresentations and failures to adequately meet requirements of the organization, the Secretary may refuse to accept any additional such bid amounts from the organization for the plan year and the Chief Actuary shall, if the Chief Actuary determines that the actuaries of the organization were complicit in those misrepresentations and failures, report those actuaries to the Actuarial Board for Coun- seling and Discipline.’’. (3) EFFECTIVE DATE.—The amendments made by this sub- section shall apply to bid amounts submitted on or after January 1, 2012. (e) MA LOCAL PLAN SERVICE AREAS.— (1) IN GENERAL.—Section 1853(d) of the Social Security Act (42 U.S.C. 1395w–23(d)) is amended— (A) in the subsection heading, by striking ‘‘MA REGION’’ and inserting ‘‘MA REGION; MA LOCAL PLAN SERVICE AREA’’; (B) in paragraph (1), by striking subparagraph (A) and inserting the following: ‘‘(A) with respect to an MA local plan— ‘‘(i) for years before 2012, an MA local area (as defined in paragraph (2)); and 42 USC 1395w–24 note. Determinations. Reports.