Page:United States Statutes at Large Volume 124.djvu/868

 124 STAT. 842 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(2) The entity has established operating procedures that are designed to avoid or minimize conflicts of interest between the entity and an active enrollee or beneficiary. ‘‘(3) The entity provides information about all services and options available to the active enrollee or beneficiary, to the best of its knowledge, including services available through other entities or providers. ‘‘(4) The entity assists the active enrollee or beneficiary to access desired services, regardless of the provider. ‘‘(5) The entity reports the number of active enrollees and beneficiaries provided with assistance by age, disability, and whether such enrollees and beneficiaries received services from the entity or another entity. ‘‘(6) If the entity provides counseling or planning services, the entity ensures that an active enrollee or beneficiary is informed of any financial interest that the entity has in a service provider. ‘‘(7) The entity provides an active enrollee or beneficiary with a list of available service providers that can meet the needs of the active enrollee or beneficiary. ‘‘SEC. 3206. CLASS INDEPENDENCE FUND. ‘‘(a) ESTABLISHMENT OF CLASS INDEPENDENCE FUND.—There is established in the Treasury of the United States a trust fund to be known as the ‘CLASS Independence Fund’. The Secretary of the Treasury shall serve as Managing Trustee of such Fund. The Fund shall consist of all amounts derived from payments into the Fund under sections 3204(f) and 3205(c)(5)(C)(ii), and remaining after investment of such amounts under subsection (b), including additional amounts derived as income from such investments. The amounts held in the Fund are appropriated and shall remain avail- able without fiscal year limitation— ‘‘(1) to be held for investment on behalf of individuals enrolled in the CLASS program; ‘‘(2) to pay the administrative expenses related to the Fund and to investment under subsection (b); and ‘‘(3) to pay cash benefits to eligible beneficiaries under the CLASS Independence Benefit Plan. ‘‘(b) INVESTMENT OF FUND BALANCE.—The Secretary of the Treasury shall invest and manage the CLASS Independence Fund in the same manner, and to the same extent, as the Federal Supple- mentary Medical Insurance Trust Fund may be invested and man- aged under subsections (c), (d), and (e) of section 1841(d) of the Social Security Act (42 U.S.C. 1395t). ‘‘(c) BOARD OF TRUSTEES.— ‘‘(1) IN GENERAL.—With respect to the CLASS Independence Fund, there is hereby created a body to be known as the Board of Trustees of the CLASS Independence Fund (herein- after in this section referred to as the ‘Board of Trustees’) composed of the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services, all ex officio, and of two members of the public (both of whom may not be from the same political party), who shall be nomi- nated by the President for a term of 4 years and subject to confirmation by the Senate. A member of the Board of Trustees serving as a member of the public and nominated and confirmed to fill a vacancy occurring during a term shall Establishment. 42 USC 300ll–5.