Page:United States Statutes at Large Volume 124.djvu/871

 124 STAT. 845 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(1) IN GENERAL.—There are authorized to be appropriated to the CLASS Independence Advisory Council to carry out its duties under this section, such sums as may be necessary for fiscal year 2011 and for each fiscal year thereafter. ‘‘(2) AVAILABILITY.—Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended. ‘‘SEC. 3208. SOLVENCY AND FISCAL INDEPENDENCE; REGULATIONS; ANNUAL REPORT. ‘‘(a) SOLVENCY.—The Secretary shall regularly consult with the Board of Trustees of the CLASS Independence Fund and the CLASS Independence Advisory Council, for purposes of ensuring that enrollees premiums are adequate to ensure the financial solvency of the CLASS program, both with respect to fiscal years occurring in the near-term and fiscal years occurring over 20- and 75-year periods, taking into account the projections required for such periods under subsections (a)(1)(A)(i) and (b)(1)(B)(i) of section 3202. ‘‘(b) NO TAXPAYER FUNDS USED TO PAY BENEFITS.—No taxpayer funds shall be used for payment of benefits under a CLASS Inde- pendent Benefit Plan. For purposes of this subsection, the term ‘taxpayer funds’ means any Federal funds from a source other than premiums deposited by CLASS program participants in the CLASS Independence Fund and any associated interest earnings. ‘‘(c) REGULATIONS.—The Secretary shall promulgate such regu- lations as are necessary to carry out the CLASS program in accord- ance with this title. Such regulations shall include provisions to prevent fraud and abuse under the program. ‘‘(d) ANNUAL REPORT.—Beginning January 1, 2014, the Sec- retary shall submit an annual report to Congress on the CLASS program. Each report shall include the following: ‘‘(1) The total number of enrollees in the program. ‘‘(2) The total number of eligible beneficiaries during the fiscal year. ‘‘(3) The total amount of cash benefits provided during the fiscal year. ‘‘(4) A description of instances of fraud or abuse identified during the fiscal year. ‘‘(5) Recommendations for such administrative or legislative action as the Secretary determines is necessary to improve the program, ensure the solvency of the program, or to prevent the occurrence of fraud or abuse. ‘‘SEC. 3209. INSPECTOR GENERAL’S REPORT. ‘‘The Inspector General of the Department of Health and Human Services shall submit an annual report to the Secretary and Congress relating to the overall progress of the CLASS program and of the existence of waste, fraud, and abuse in the CLASS program. Each such report shall include findings in the following areas: ‘‘(1) The eligibility determination process. ‘‘(2) The provision of cash benefits. ‘‘(3) Quality assurance and protection against waste, fraud, and abuse. ‘‘(4) Recouping of unpaid and accrued benefits. 42 USC 300ll–8. Effective date. Definitions. Consultation. 42 USC 300ll–7.