Page:United States Statutes at Large Volume 124.djvu/924

 124 STAT. 898 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(i) collect from each enrollee in the plan (without regard to the enrollee’s age, sex, or family status) a separate payment for each of the following: ‘‘(I) an amount equal to the portion of the premium to be paid directly by the enrollee for coverage under the plan of services other than services described in paragraph (1)(B)(i) (after reduction for credits and cost-sharing reductions described in subparagraph (A)); and ‘‘(II) an amount equal to the actuarial value of the coverage of services described in paragraph (1)(B)(i), and ‘‘(ii) shall deposit all such separate payments into separate allocation accounts as provided in subpara- graph (C). In the case of an enrollee whose premium for coverage under the plan is paid through employee payroll deposit, the separate payments required under this subparagraph shall each be paid by a separate deposit. ‘‘(C) SEGREGATION OF FUNDS.— ‘‘(i) IN GENERAL.—The issuer of a plan to which subparagraph (A) applies shall establish allocation accounts described in clause (ii) for enrollees receiving amounts described in subparagraph (A). ‘‘(ii) ALLOCATION ACCOUNTS.—The issuer of a plan to which subparagraph (A) applies shall deposit— ‘‘(I) all payments described in subparagraph (B)(i)(I) into a separate account that consists solely of such payments and that is used exclusively to pay for services other than services described in paragraph (1)(B)(i); and ‘‘(II) all payments described in subparagraph (B)(i)(II) into a separate account that consists solely of such payments and that is used exclu- sively to pay for services described in paragraph (1)(B)(i). ‘‘(D) ACTUARIAL VALUE.— ‘‘(i) IN GENERAL.—The issuer of a qualified health plan shall estimate the basic per enrollee, per month cost, determined on an average actuarial basis, for including coverage under the qualified health plan of the services described in paragraph (1)(B)(i). ‘‘(ii) CONSIDERATIONS.—In making such estimate, the issuer— ‘‘(I) may take into account the impact on overall costs of the inclusion of such coverage, but may not take into account any cost reduction estimated to result from such services, including prenatal care, delivery, or postnatal care; ‘‘(II) shall estimate such costs as if such cov- erage were included for the entire population cov- ered; and ‘‘(III) may not estimate such a cost at less than $1 per enrollee, per month. ‘‘(E) ENSURING COMPLIANCE WITH SEGREGATION REQUIREMENTS.—