Page:United States Statutes at Large Volume 124.djvu/475

 124 STAT. 449 PUBLIC LAW 111–148—MAR. 23, 2010 comparable rating) on a rating system described in subparagraph (C) in an amount equal to— ‘‘(i) in the case of a plan that achieves a 3 star rating (or comparable rating) on such system 2 percent of the national monthly per capita cost for expenditures for individuals enrolled under the original medicare fee-for-service program for the year; and ‘‘(ii) in the case of a plan that achieves a 4 or 5 star rating (or comparable rating on such system, 4 percent of such national monthly per capita cost for the year. ‘‘(B) IMPROVED QUALITY BONUS.—For years beginning with 2014, in the case of an MA plan that does not receive a quality bonus under subparagraph (A) and is an improved quality MA plan with respect to the year (as identified by the Secretary), the Secretary shall, in addition to any other payment provided under this part, make monthly payments, with respect to coverage of an individual under this part, to the MA plan in an amount equal to 1 percent of such national monthly per capita cost for the year. ‘‘(C) USE OF RATING SYSTEM.—For purposes of subpara- graph (A), a rating system described in this paragraph is— ‘‘(i) a rating system that uses up to 5 stars to rate clinical quality and enrollee satisfaction and performance at the Medicare Advantage contract or MA plan level; or ‘‘(ii) such other system established by the Secretary that provides for the determination of a comparable quality performance rating to the rating system described in clause (i). ‘‘(D) DATA USED IN DETERMINING SCORE.— ‘‘(i) IN GENERAL.—The rating of an MA plan under the rating system described in subparagraph (C) with respect to a year shall be based on based on the most recent data available. ‘‘(ii) PLANS THAT FAIL TO REPORT DATA.—An MA plan which does not report data that enables the Sec- retary to rate the plan for purposes of subparagraph (A) or identify the plan for purposes of subparagraph (B) shall be counted, for purposes of such rating or identification, as having the lowest plan performance rating and the lowest percentage improvement, respec- tively. ‘‘(3) QUALITY BONUS FOR NEW AND LOW ENROLLMENT MA PLANS.— ‘‘(A) NEW MA PLANS.—For years beginning with 2014, in the case of an MA plan that first submits a bid under section 1854(a)(1)(A) for 2012 or a subsequent year, only receives enrollments made during the coverage election periods described in section 1851(e), and is not able to receive a bonus under subparagraph (A) or (B) of paragraph (2) for the year, the Secretary shall, in addition to any other payment provided under this part, make monthly payments, with respect to coverage of an individual under this part, to the MA plan in an amount equal to 2 percent of national monthly per capita cost for expenditures for Effective date. Payments. Effective date. Payments.