Page:United States Statutes at Large Volume 124.djvu/858

 124 STAT. 832 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(E) COORDINATION WITH SUPPLEMENTAL COVERAGE OBTAINED THROUGH THE EXCHANGE.—The benefits allow for coordination with any supplemental coverage purchased through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act. ‘‘(2) REVIEW AND RECOMMENDATION BY THE CLASS INDEPENDENCE ADVISORY COUNCIL.—The CLASS Independence Advisory Council shall— ‘‘(A) evaluate the alternative benefit plans developed under paragraph (1); and ‘‘(B) recommend for designation as the CLASS Independence Benefit Plan for offering to the public the plan that the Council determines best balances price and benefits to meet enrollees’ needs in an actuarially sound manner, while optimizing the probability of the long-term sustainability of the CLASS program. ‘‘(3) DESIGNATION BY THE SECRETARY.—Not later than October 1, 2012, the Secretary, taking into consideration the recommendation of the CLASS Independence Advisory Council under paragraph (2)(B), shall designate a benefit plan as the CLASS Independence Benefit Plan. The Secretary shall publish such designation, along with details of the plan and the reasons for the selection by the Secretary, in a final rule that allows for a period of public comment. ‘‘(b) ADDITIONAL PREMIUM REQUIREMENTS.— ‘‘(1) ADJUSTMENT OF PREMIUMS.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graphs (B), (C), (D), and (E), the amount of the monthly premium determined for an individual upon such individ- ual’s enrollment in the CLASS program shall remain the same for as long as the individual is an active enrollee in the program. ‘‘(B) RECALCULATED PREMIUM IF REQUIRED FOR PRO- GRAM SOLVENCY.— ‘‘(i) IN GENERAL.—Subject to clause (ii), if the Sec- retary determines, based on the most recent report of the Board of Trustees of the CLASS Independence Fund, the advice of the CLASS Independence Advisory Council, and the annual report of the Inspector General of the Department of Health and Human Services, and waste, fraud, and abuse, or such other information as the Secretary determines appropriate, that the monthly premiums and income to the CLASS Independence Fund for a year are projected to be insufficient with respect to the 20-year period that begins with that year, the Secretary shall adjust the monthly premiums for individuals enrolled in the CLASS program as necessary (but maintaining a nominal premium for enrollees whose income is below the poverty line or who are full-time students actively employed). ‘‘(ii) EXEMPTION FROM INCREASE.—Any increase in a monthly premium imposed as result of a determina- tion described in clause (i) shall not apply with respect to the monthly premium of any active enrollee who— ‘‘(I) has attained age 65; Determination. Publication. Regulations. Public information. Deadline.