Page:United States Statutes at Large Volume 124.djvu/479

 124 STAT. 453 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(i) the MA area-specific non-drug monthly bench- mark amount for a month in 2011 is equal to the legacy urban floor amount (as described in subsection (c)(1)(B)(iii)), as determined by the Secretary for the area for 2011; ‘‘(ii) the percentage of Medicare Advantage eligible beneficiaries in the county who are enrolled in an MA plan for 2009 is greater than 30 percent (as deter- mined by the Secretary); and ‘‘(iii) average bids submitted by an MA organiza- tion under section 1854(a) for MA local plans in the county for 2011 are not greater than the adjusted average per capita cost for the year involved, deter- mined under section 1876(a)(4), for the county for individuals who are not enrolled in an MA plan under this part for the year, but adjusted to exclude costs attributable to payments under section 1848(o), 1886(n), and 1886(h). ‘‘(C) If the Secretary determines appropriate, a county contiguous to an area or county described in subparagraph (A) or (B), respectively. ‘‘(4) REVIEW OF PLAN BIDS.—In the case of a bid submitted by an MA organization under section 1854(a) for an MA local plan in an applicable area, the Secretary shall review such bid in order to ensure that extra benefits (as specified by the Secretary) are provided to enrollees described in paragraph (2). ‘‘(5) FUNDING.—The Secretary shall provide for the transfer from the Federal Hospital Insurance Trust Fund under section 1817 and the Federal Supplementary Medical Insurance Trust Fund established under section 1841, in such proportion as the Secretary determines appropriate, of an amount not to exceed $5,000,000,000 for the period of fiscal years 2012 through 2019 for the purpose of providing transitional rebates under section 1854(b)(1)(C) for the provision of extra benefits under this subsection.’’. (i) NONAPPLICATION OF COMPETITIVE BIDDING AND RELATED PROVISIONS AND CLARIFICATION OF MA PAYMENT AREA FOR PACE PROGRAMS.— (1) NONAPPLICATION OF COMPETITIVE BIDDING AND RELATED PROVISIONS FOR PACE PROGRAMS.—Section 1894 of the Social Security Act (42 U.S.C. 1395eee) is amended— (A) by redesignating subsections (h) and (i) as sub- sections (i) and (j), respectively; (B) by inserting after subsection (g) the following new subsection: ‘‘(h) NONAPPLICATION OF COMPETITIVE BIDDING AND RELATED PROVISIONS UNDER PART C.—With respect to a PACE program under this section, the following provisions (and regulations relating to such provisions) shall not apply: ‘‘(1) Section 1853(j)(1)(A)(i), relating to MA area-specific non-drug monthly benchmark amount being based on competi- tive bids. ‘‘(2) Section 1853(d)(5), relating to the establishment of MA local plan service areas. ‘‘(3) Section 1853(n), relating to the payment of performance bonuses. Determination.