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pdfPUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1029
Public Law 111–152
111th Congress
An Act
To provide for reconciliation pursuant to Title II of the concurrent resolution on
the budget for fiscal year 2010 (S. Con. Res. 13).
Mar. 30, 2010
[H.R. 4872]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Health Care
and Education Reconciliation Act of 2010’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Health Care and
Education
Reconciliation
Act of 2010.
42 USC 1305
note.
Sec. 1. Short title; table of contents.
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TITLE I—COVERAGE, MEDICARE, MEDICAID, AND REVENUES
Sec.
Sec.
Sec.
Sec.
Sec.
1001.
1002.
1003.
1004.
1005.
Subtitle A—Coverage
Tax credits.
Individual responsibility.
Employer responsibility.
Income definitions.
Implementation funding.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1101.
1102.
1103.
1104.
1105.
1106.
1107.
1108.
1109.
Subtitle B—Medicare
Closing the medicare prescription drug ‘‘donut hole’’.
Medicare Advantage payments.
Savings from limits on MA plan administrative costs.
Disproportionate share hospital (DSH) payments.
Market basket updates.
Physician ownership-referral.
Payment for imaging services.
PE GPCI adjustment for 2010.
Payment for qualifying hospitals.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1201.
1202.
1203.
1204.
1205.
1206.
Subtitle C—Medicaid
Federal funding for States.
Payments to primary care physicians.
Disproportionate share hospital payments.
Funding for the territories.
Delay in Community First Choice option.
Drug rebates for new formulations of existing drugs.
Sec.
Sec.
Sec.
Sec.
1301.
1302.
1303.
1304.
Subtitle D—Reducing Fraud, Waste, and Abuse
Community mental health centers.
Medicare prepayment medical review limitations.
Funding to fight fraud, waste, and abuse.
90-day period of enhanced oversight for initial claims of DME suppliers.
Subtitle E—Provisions Relating to Revenue
Sec. 1401. High-cost plan excise tax.
Sec. 1402. Unearned income Medicare contribution.
Sec. 1403. Delay of limitation on health flexible spending arrangements under cafeteria plans.
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PUBL152
124 STAT. 1030
PUBLIC LAW 111–152—MAR. 30, 2010
Sec.
Sec.
Sec.
Sec.
1404.
1405.
1406.
1407.
Brand name pharmaceuticals.
Excise tax on medical device manufacturers.
Health insurance providers.
Delay of elimination of deduction for expenses allocable to medicare part
D subsidy.
Sec. 1408. Elimination of unintended application of cellulosic biofuel producer credit.
Sec. 1409. Codification of economic substance doctrine and penalties.
Sec. 1410. Time for payment of corporate estimated taxes.
Subtitle F—Other Provisions
Sec. 1501. Community college and career training grant program.
TITLE II—EDUCATION AND HEALTH
Subtitle A—Education
Sec. 2001. Short title; references.
PART I—INVESTING IN STUDENTS AND FAMILIES
Sec. 2101. Federal Pell Grants.
Sec. 2102. College access challenge grant program.
Sec. 2103. Investment in historically black colleges and universities and minorityserving institutions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
2201.
2202.
2203.
2204.
2205.
2206.
2207.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
2208.
2209.
2210.
2211.
2212.
2213.
PART II—STUDENT LOAN REFORM
Termination of Federal Family Education Loan appropriations.
Termination of Federal loan insurance program.
Termination of applicable interest rates.
Termination of Federal payments to reduce student interest costs.
Termination of FFEL PLUS Loans.
Federal Consolidation Loans.
Termination of Unsubsidized Stafford Loans for middle-income borrowers.
Termination of special allowances.
Origination of Direct Loans at institutions outside the United States.
Conforming amendments.
Terms and conditions of loans.
Contracts; mandatory funds.
Income-based repayment.
Subtitle B—Health
Sec. 2301. Insurance reforms.
Sec. 2302. Drugs purchased by covered entities.
Sec. 2303. Community health centers.
TITLE I—COVERAGE, MEDICARE,
MEDICAID, AND REVENUES
Subtitle A—Coverage
SEC. 1001. TAX CREDITS.
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(a) PREMIUM TAX CREDITS.—Section 36B of the Internal Revenue Code of 1986, as added by section 1401 of the Patient Protection and Affordable Care Act and amended by section 10105 of
such Act, is amended—
(1) in subsection (b)(3)(A)—
(A) in clause (i), by striking ‘‘with respect to any taxpayer’’ and all that follows up to the end period and
inserting: ‘‘for any taxable year shall be the percentage
such that the applicable percentage for any taxpayer whose
household income is within an income tier specified in
the following table shall increase, on a sliding scale in
a linear manner, from the initial premium percentage to
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PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1031
the final premium percentage specified in such table for
such income tier:
‘‘In the case of household income (expressed as a percent
of poverty line) within the following income tier:
The initial premium
percentage is—
The final premium
percentage is—
2.0%
3.0%
4.0%
6.3%
8.05%
9.5%
2.0%
4.0%
6.3%
8.05%
9.5%
9.5%’’; and
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Up to 133%
133% up to 150%
150% up to 200%
200% up to 250%
250% up to 300%
300% up to 400%
(B) by striking clauses (ii) and (iii), and inserting the
following:
‘‘(ii) INDEXING.—
‘‘(I) IN GENERAL.—Subject to subclause (II),
in the case of taxable years beginning in any calendar year after 2014, the initial and final
applicable percentages under clause (i) (as in effect
for the preceding calendar year after application
of this clause) shall be adjusted to reflect the excess
of the rate of premium growth for the preceding
calendar year over the rate of income growth for
the preceding calendar year.
‘‘(II) ADDITIONAL ADJUSTMENT.—Except as provided in subclause (III), in the case of any calendar
year after 2018, the percentages described in subclause (I) shall, in addition to the adjustment
under subclause (I), be adjusted to reflect the
excess (if any) of the rate of premium growth estimated under subclause (I) for the preceding calendar year over the rate of growth in the consumer
price index for the preceding calendar year.
‘‘(III) FAILSAFE.—Subclause (II) shall apply for
any calendar year only if the aggregate amount
of premium tax credits under this section and costsharing reductions under section 1402 of the
Patient Protection and Affordable Care Act for the
preceding calendar year exceeds an amount equal
to 0.504 percent of the gross domestic product
for the preceding calendar year.’’; and
(2) in subsection (c)(2)(C)—
(A) by striking ‘‘9.8 percent’’ in clauses (i)(II) and (iv)
and inserting ‘‘9.5 percent’’; and
(B) by striking ‘‘(b)(3)(A)(iii)’’ in clause (iv) and
inserting ‘‘(b)(3)(A)(ii)’’.
(b) COST SHARING.—Section 1402(c) of the Patient Protection
and Affordable Care Act is amended—
(1) in paragraph (1)(B)(i)—
(A) in subclause (I), by striking ‘‘90’’ and inserting
‘‘94’’;
(B) in subclause (II)—
(i) by striking ‘‘80’’ and inserting ‘‘87’’; and
(ii) by striking ‘‘and’’; and
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Applicability.
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124 STAT. 1032
PUBLIC LAW 111–152—MAR. 30, 2010
(C) by striking subclause (III) and inserting the following:
‘‘(III) 73 percent in the case of an eligible
insured whose household income is more than 200
percent but not more than 250 percent of the poverty line for a family of the size involved; and
‘‘(IV) 70 percent in the case of an eligible
insured whose household income is more than 250
percent but not more than 400 percent of the poverty line for a family of the size involved.’’; and
(2) in paragraph (2)—
(A) in subparagraph (A)—
(i) by striking ‘‘90’’ and inserting ‘‘94’’; and
(ii) by striking ‘‘and’’;
(B) in subparagraph (B)—
(i) by striking ‘‘80’’ and inserting ‘‘87’’; and
(ii) by striking the period and inserting ‘‘; and’’;
and
(C) by inserting after subparagraph (B) the following
new subparagraph:
‘‘(C) in the case of an eligible insured whose household
income is more than 200 percent but not more than 250
percent of the poverty line for a family of the size involved,
increase the plan’s share of the total allowed costs of benefits provided under the plan to 73 percent of such costs.’’.
SEC. 1002. INDIVIDUAL RESPONSIBILITY.
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(a) AMOUNTS.—Section 5000A(c) of the Internal Revenue Code
of 1986, as added by section 1501(b) of the Patient Protection
and Affordable Care Act and amended by section 10106 of such
Act, is amended—
(1) in paragraph (2)(B)—
(A) in the matter preceding clause (i), by—
(i) inserting ‘‘the excess of’’ before ‘‘the taxpayer’s
household income’’; and
(ii) inserting ‘‘for the taxable year over the amount
of gross income specified in section 6012(a)(1) with
respect to the taxpayer’’ before ‘‘for the taxable year’’;
(B) in clause (i), by striking ‘‘0.5’’ and inserting ‘‘1.0’’;
(C) in clause (ii), by striking ‘‘1.0’’ and inserting ‘‘2.0’’;
and
(D) in clause (iii), by striking ‘‘2.0’’ and inserting ‘‘2.5’’;
and
(2) in paragraph (3)—
(A) in subparagraph (A), by striking ‘‘$750’’ and
inserting ‘‘$695’’;
(B) in subparagraph (B), by striking ‘‘$495’’ and
inserting ‘‘$325’’; and
(C) in subparagraph (D)—
(i) in the matter preceding clause (i), by striking
‘‘$750’’ and inserting ‘‘$695’’; and
(ii) in clause (i), by striking ‘‘$750’’ and inserting
‘‘$695’’.
(b) THRESHOLD.—Section 5000A of such Code, as so added
and amended, is amended—
(1) by striking subsection (c)(4)(D); and
(2) in subsection (e)(2)—
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PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1033
(A) by striking ‘‘UNDER 100 PERCENT OF POVERTY LINE’’
and inserting ‘‘BELOW FILING THRESHOLD’’; and
(B) by striking all that follows ‘‘less than’’ and inserting
‘‘the amount of gross income specified in section 6012(a)(1)
with respect to the taxpayer.’’.
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SEC. 1003. EMPLOYER RESPONSIBILITY.
(a) PAYMENT CALCULATION.—Subparagraph (D) of subsection
(d)(2) of section 4980H of the Internal Revenue Code of 1986,
as added by section 1513 of the Patient Protection and Affordable
Care Act and amended by section 10106 of such Act, is amended
to read as follows:
‘‘(D) APPLICATION OF EMPLOYER SIZE TO ASSESSABLE
PENALTIES.—
‘‘(i) IN GENERAL.—The number of individuals
employed by an applicable large employer as full-time
employees during any month shall be reduced by 30
solely for purposes of calculating—
‘‘(I) the assessable payment under subsection
(a), or
‘‘(II) the overall limitation under subsection
(b)(2).
‘‘(ii) AGGREGATION.—In the case of persons treated
as 1 employer under subparagraph (C)(i), only 1 reduction under subclause (I) or (II) shall be allowed with
respect to such persons and such reduction shall be
allocated among such persons ratably on the basis
of the number of full-time employees employed by each
such person.’’.
(b) APPLICABLE PAYMENT AMOUNT.—Section 4980H of such
Code, as so added and amended, is amended—
(1) in the flush text following subsection (c)(1)(B), by
striking ‘‘400 percent of the applicable payment amount’’ and
inserting ‘‘an amount equal to 1⁄12 of $3,000’’;
(2) in subsection (d)(1), by striking ‘‘$750’’ and inserting
‘‘$2,000’’; and
(3) in subsection (d)(5)(A), in the matter preceding clause
(i), by striking ‘‘subsection (b)(2) and (d)(1)’’ and inserting ‘‘subsection (b) and paragraph (1)’’.
(c) COUNTING PART-TIME WORKERS IN SETTING THE THRESHOLD
FOR EMPLOYER RESPONSIBILITY.—Section 4980H(d)(2) of such Code,
as so added and amended and as amended by subsection (a), is
amended by adding at the end the following new subparagraph:
‘‘(E) FULL-TIME EQUIVALENTS TREATED AS FULL-TIME
EMPLOYEES.—Solely for purposes of determining whether
an employer is an applicable large employer under this
paragraph, an employer shall, in addition to the number
of full-time employees for any month otherwise determined,
include for such month a number of full-time employees
determined by dividing the aggregate number of hours
of service of employees who are not full-time employees
for the month by 120.’’.
(d) ELIMINATING WAITING PERIOD ASSESSMENT.—Section 4980H
of such Code, as so added and amended and as amended by the
preceding subsections, is amended by striking subsection (b) and
redesignating subsections (c), (d), and (e) as subsections (b), (c),
and (d), respectively.
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PUBL152
124 STAT. 1034
PUBLIC LAW 111–152—MAR. 30, 2010
SEC. 1004. INCOME DEFINITIONS.
(a) MODIFIED ADJUSTED GROSS INCOME.—
(1) IN GENERAL.—The following provisions of the Internal
Revenue Code of 1986 are each amended by striking ‘‘modified
gross’’ each place it appears and inserting ‘‘modified adjusted
gross’’:
(A) Clauses (i) and (ii) of section 36B(d)(2)(A), as added
by section 1401 of the Patient Protection and Affordable
Care Act.
(B) Section 6103(l)(21)(A)(iv), as added by section 1414
of such Act.
(C) Clauses (i) and (ii) of section 5000A(c)(4), as added
by section 1501(b) of such Act.
(2) DEFINITION.—
(A) Section 36B(d)(2)(B) of such Code, as so added,
is amended to read as follows:
‘‘(B) MODIFIED ADJUSTED GROSS INCOME.—The term
‘modified adjusted gross income’ means adjusted gross
income increased by—
‘‘(i) any amount excluded from gross income under
section 911, and
‘‘(ii) any amount of interest received or accrued
by the taxpayer during the taxable year which is
exempt from tax.’’.
(B) Section 5000A(c)(4)(C) of such Code, as so added,
is amended to read as follows:
‘‘(C) MODIFIED ADJUSTED GROSS INCOME.—The term
‘modified adjusted gross income’ means adjusted gross
income increased by—
‘‘(i) any amount excluded from gross income under
section 911, and
‘‘(ii) any amount of interest received or accrued
by the taxpayer during the taxable year which is
exempt from tax.’’.
(b) MODIFIED ADJUSTED GROSS INCOME DEFINITION.—
(1) MEDICAID.—Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended by striking ‘‘modified gross
income’’ each place it appears in the text and headings of
the following provisions and inserting ‘‘modified adjusted gross
income’’:
(A) Paragraph (14) of subsection (e), as added by section 2002(a) of the Patient Protection and Affordable Care
Act.
(B) Subsection (gg)(4)(A), as added by section 2001(b)
of such Act.
(2) CHIP.—
(A)
STATE
PLAN
REQUIREMENTS.—Section
2102(b)(1)(B)(v) of the Social Security Act (42 U.S.C.
1397bb(b)(1)(B)(v)), as added by section 2101(d)(1) of the
Patient Protection and Affordable Care Act, is amended
by striking ‘‘modified gross income’’ and inserting ‘‘modified
adjusted gross income’’.
(B) PLAN ADMINISTRATION.—Section 2107(e)(1)(E) of the
Social Security Act (42 U.S.C. 1397gg(e)(1)(E)), as added
by section 2101(d)(2) of the Patient Protection and Affordable Care Act, is amended by striking ‘‘modified gross
income’’ and inserting ‘‘modified adjusted gross income’’.
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PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1035
(c) NO EXCESS PAYMENTS.—Section 36B(f) of the Internal Revenue Code of 1986, as added by section 1401(a) of the Patient
Protection and Affordable Care Act, is amended by adding at the
end the following new paragraph:
‘‘(3) INFORMATION REQUIREMENT.—Each Exchange (or any
person carrying out 1 or more responsibilities of an Exchange
under section 1311(f)(3) or 1321(c) of the Patient Protection
and Affordable Care Act) shall provide the following information
to the Secretary and to the taxpayer with respect to any health
plan provided through the Exchange:
‘‘(A) The level of coverage described in section 1302(d)
of the Patient Protection and Affordable Care Act and
the period such coverage was in effect.
‘‘(B) The total premium for the coverage without regard
to the credit under this section or cost-sharing reductions
under section 1402 of such Act.
‘‘(C) The aggregate amount of any advance payment
of such credit or reductions under section 1412 of such
Act.
‘‘(D) The name, address, and TIN of the primary
insured and the name and TIN of each other individual
obtaining coverage under the policy.
‘‘(E) Any information provided to the Exchange,
including any change of circumstances, necessary to determine eligibility for, and the amount of, such credit.
‘‘(F) Information necessary to determine whether a taxpayer has received excess advance payments.’’.
(d) ADULT DEPENDENTS.—
(1) EXCLUSION OF AMOUNTS EXPENDED FOR MEDICAL CARE.—
The first sentence of section 105(b) of the Internal Revenue
Code of 1986 (relating to amounts expended for medical care)
is amended—
(A) by striking ‘‘and his dependents’’ and inserting
‘‘his dependents’’; and
(B) by inserting before the period the following: ‘‘,
and any child (as defined in section 152(f)(1)) of the taxpayer who as of the end of the taxable year has not attained
age 27’’.
(2) SELF-EMPLOYED HEALTH INSURANCE DEDUCTION.—Section 162(l)(1) of such Code is amended to read as follows:
‘‘(1) ALLOWANCE OF DEDUCTION.—In the case of a taxpayer
who is an employee within the meaning of section 401(c)(1),
there shall be allowed as a deduction under this section an
amount equal to the amount paid during the taxable year
for insurance which constitutes medical care for—
‘‘(A) the taxpayer,
‘‘(B) the taxpayer’s spouse,
‘‘(C) the taxpayer’s dependents, and
‘‘(D) any child (as defined in section 152(f)(1)) of the
taxpayer who as of the end of the taxable year has not
attained age 27.’’.
(3) COVERAGE UNDER SELF-EMPLOYED DEDUCTION.—Section
162(l)(2)(B) of such Code is amended by inserting ‘‘, or any
dependent, or individual described in subparagraph (D) of paragraph (1) with respect to,’’ after ‘‘spouse of’’.
(4) SICK AND ACCIDENT BENEFITS PROVIDED TO MEMBERS
OF A VOLUNTARY EMPLOYEES’ BENEFICIARY ASSOCIATION AND
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26 USC 105.
26 USC 162.
PUBL152
124 STAT. 1036
26 USC 501.
26 USC 401.
Determination.
42 USC 18121.
PUBLIC LAW 111–152—MAR. 30, 2010
THEIR DEPENDENTS.—Section 501(c)(9) of such Code is amended
by adding at the end the following new sentence: ‘‘For purposes
of providing for the payment of sick and accident benefits
to members of such an association and their dependents, the
term ‘dependent’ shall include any individual who is a child
(as defined in section 152(f)(1)) of a member who as of the
end of the calendar year has not attained age 27.’’.
(5) MEDICAL AND OTHER BENEFITS FOR RETIRED
EMPLOYEES.—Section 401(h) of such Code is amended by adding
at the end the following: ‘‘For purposes of this subsection,
the term ‘dependent’ shall include any individual who is a
child (as defined in section 152(f)(1)) of a retired employee
who as of the end of the calendar year has not attained age
27.’’.
(e) FIVE PERCENT INCOME DISREGARD FOR CERTAIN INDIVIDUALS.—Section 1902(e)(14) of the Social Security Act (42 U.S.C.
1396a(e)(14)), as amended by subsection (b)(1), is further amended—
(1) in subparagraph (B), by striking ‘‘No type’’ and inserting
‘‘Subject to subparagraph (I), no type’’; and
(2) by adding at the end the following new subparagraph:
‘‘(I) TREATMENT OF PORTION OF MODIFIED ADJUSTED
GROSS INCOME.—For purposes of determining the income
eligibility of an individual for medical assistance whose
eligibility is determined based on the application of modified adjusted gross income under subparagraph (A), the
State shall—
‘‘(i) determine the dollar equivalent of the difference between the upper income limit on eligibility
for such an individual (expressed as a percentage of
the poverty line) and such upper income limit increased
by 5 percentage points; and
‘‘(ii) notwithstanding the requirement in subparagraph (A) with respect to use of modified adjusted
gross income, utilize as the applicable income of such
individual, in determining such income eligibility, an
amount equal to the modified adjusted gross income
applicable to such individual reduced by such dollar
equivalent amount.’’.
SEC. 1005. IMPLEMENTATION FUNDING.
(a) IN GENERAL.—There is hereby established a Health Insurance Reform Implementation Fund (referred to in this section as
the ‘‘Fund’’) within the Department of Health and Human Services
to carry out the Patient Protection and Affordable Care Act and
this Act (and the amendments made by such Acts).
(b) FUNDING.—There is appropriated to the Fund, out of any
funds in the Treasury not otherwise appropriated, $1,000,000,000
for Federal administrative expenses to carry out such Act (and
the amendments made by such Acts).
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Subtitle B—Medicare
SEC. 1101. CLOSING THE MEDICARE PRESCRIPTION DRUG ‘‘DONUT
HOLE’’.
(a) COVERAGE GAP REBATE FOR 2010.—
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PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1037
(1) IN GENERAL.—Section 1860D–42 of the Social Security
Act (42 U.S.C. 1395w–152) is amended by adding at the end
the following new subsection:
‘‘(c) COVERAGE GAP REBATE FOR 2010.—
‘‘(1) IN GENERAL.—In the case of an individual described
in subparagraphs (A) through (D) of section 1860D–14A(g)(1)
who as of the last day of a calendar quarter in 2010 has
incurred costs for covered part D drugs so that the individual
has exceeded the initial coverage limit under section 1860D–
2(b)(3) for 2010, the Secretary shall provide for payment from
the Medicare Prescription Drug Account of $250 to the individual by not later than the 15th day of the third month
following the end of such quarter.
‘‘(2) LIMITATION.—The Secretary shall provide only 1 payment under this subsection with respect to any individual.’’.
(2) REPEAL OF PROVISION.—Section 3315 of the Patient
Protection and Affordable Care Act (including the amendments
made by such section) is repealed, and any provision of law
amended or repealed by such sections is hereby restored or
revived as if such section had not been enacted into law.
(b) CLOSING THE DONUT HOLE.—Part D of title XVIII of the
Social Security Act (42 U.S.C. 1395w–101 et seq.), as amended
by section 3301 of the Patient Protection and Affordable Care Act,
is further amended—
(1) in section 1860D–43—
(A) in subsection (b), by striking ‘‘July 1, 2010’’ and
inserting ‘‘January 1, 2011’’; and
(B) in subsection (c)(2), by striking ‘‘July 1, 2010, and
ending on December 31, 2010,’’ and inserting ‘‘January
1, 2011, and December 31, 2011,’’;
(2) in section 1860D–14A—
(A) in subsection (a)—
(i) by striking ‘‘July 1, 2010’’ and inserting
‘‘January 1, 2011’’; and
(ii) by striking ‘‘April 1, 2010’’ and inserting ‘‘180
days after the date of the enactment of this section’’;
(B) in subsection (b)(1)(C)—
(i) in the heading, by striking ‘‘2010 AND’’;
(ii) by striking ‘‘July 1, 2010’’ and inserting
‘‘January 1, 2011’’; and
(iii) by striking ‘‘May 1, 2010’’ and inserting ‘‘not
later than 30 days after the date of the establishment
of a model agreement under subsection (a)’’;
(C) in subsection (c)—
(i) in paragraph (1)(A)(iii), by striking ‘‘July 1,
2010, and ending on December 31, 2011’’ and inserting
‘‘January 1, 2011, and ending on December 31, 2011’’;
and
(ii) in paragraph (2), by striking ‘‘2010’’ and
inserting ‘‘2011’’;
(D) in subsection (d)(2)(B), by striking ‘‘July 1, 2010,
and ending on December 31, 2010’’ and inserting ‘‘January
1, 2011, and ending on December 31, 2011’’; and
(E) in subsection (g)(1)—
(i) in the matter before subparagraph (A), by
striking ‘‘an applicable drug’’ and inserting ‘‘a covered
part D drug’’;
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Payments.
Deadline.
Ante, p. 479.
Ante, p. 461.
Ante, p. 462.
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124 STAT. 1038
PUBLIC LAW 111–152—MAR. 30, 2010
(ii) by adding ‘‘and’’ at the end of subparagraph
(C);
(iii) by striking subparagraph (D); and
(iv) by redesignating subparagraph (E) as subparagraph (D); and
(3) in section 1860D–2(b)—
(A) in paragraph (2)(A), by striking ‘‘The coverage’’
and inserting ‘‘Subject to subparagraphs (C) and (D), the
coverage’’;
(B) in paragraph (2)(B), by striking ‘‘subparagraph
(A)(ii)’’ and inserting ‘‘subparagraphs (A)(ii), (C), and (D)’’;
(C) by adding at the end of paragraph (2) the following
new subparagraphs:
‘‘(C) COVERAGE FOR GENERIC DRUGS IN COVERAGE
GAP.—
‘‘(i) IN GENERAL.—Except as provided in paragraph
(4), the coverage for an applicable beneficiary (as
defined in section 1860D–14A(g)(1)) has coinsurance
(for costs above the initial coverage limit under paragraph (3) and below the out-of-pocket threshold) for
covered part D drugs that are not applicable drugs
under section 1860D–14A(g)(2) that is—
‘‘(I) equal to the generic-gap coinsurance
percentage (specified in clause (ii)) for the year;
or
‘‘(II) actuarially equivalent (using processes
and methods established under section 1860D–
11(c)) to an average expected payment of such
percentage of such costs for covered part D drugs
that are not applicable drugs under section 1860D–
14A(g)(2).
‘‘(ii) GENERIC-GAP COINSURANCE PERCENTAGE.—
The generic-gap coinsurance percentage specified in
this clause for—
‘‘(I) 2011 is 93 percent;
‘‘(II) 2012 and each succeeding year before
2020 is the generic-gap coinsurance percentage
under this clause for the previous year decreased
by 7 percentage points; and
‘‘(III) 2020 and each subsequent year is 25
percent.
‘‘(D) COVERAGE FOR APPLICABLE DRUGS IN COVERAGE
GAP.—
‘‘(i) IN GENERAL.—Except as provided in paragraph
(4), the coverage for an applicable beneficiary (as
defined in section 1860D–14A(g)(1)) has coinsurance
(for costs above the initial coverage limit under paragraph (3) and below the out-of-pocket threshold) for
the negotiated price (as defined in section 1860D–
14A(g)(6)) of covered part D drugs that are applicable
drugs under section 1860D–14A(g)(2) that is—
‘‘(I) equal to the difference between the
applicable gap percentage (specified in clause (ii)
for the year) and the discount percentage specified
in section 1860D–14A(g)(4)(A) for such applicable
drugs; or
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42 USC
1395w–102.
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‘‘(II) actuarially equivalent (using processes
and methods established under section 1860D–
11(c)) to an average expected payment of such
percentage of such costs, for covered part D drugs
that are applicable drugs under section 1860D–
14A(g)(2).
‘‘(ii) APPLICABLE GAP PERCENTAGE.—The applicable
gap percentage specified in this clause for—
‘‘(I) 2013 and 2014 is 97.5 percent;
‘‘(II) 2015 and 2016 is 95 percent;
‘‘(III) 2017 is 90 percent;
‘‘(IV) 2018 is 85 percent;
‘‘(V) 2019 is 80 percent; and
‘‘(VI) 2020 and each subsequent year is 75
percent.’’;
(D) in paragraph (3)(A), as restored under subsection
(a)(2), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (2)(C), (2)(D), and (4)’’; and
(E) in paragraph (4)(E), by inserting before the period
at the end the following: ‘‘, except that incurred costs
shall not include the portion of the negotiated price that
represents the reduction in coinsurance resulting from the
application of paragraph (2)(D)’’; and
(4) in section 1860D–22(a)(2)(A), by inserting before the
period at the end the following: ‘‘, not taking into account
the value of any discount or coverage provided during the
gap in prescription drug coverage that occurs between the
initial coverage limit under section 1860D–2(b)(3) during the
year and the out-of-pocket threshold specified in section 1860D–
2(b)(4)(B)’’.
(c) CONFORMING AMENDMENT TO AMP UNDER MEDICAID.—Section 1927(k)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396r–
8(k)(1)(B)(i)), as amended by section 2503(a)(2)(B) of the Patient
Protection and Affordable Care Act, is amended—
(1) by striking ‘‘and’’ at the end of subclause (III);
(2) by striking the period at the end of subclause (IV);
and
(3) by adding at the end the following new subclause:
‘‘(V) discounts provided by manufacturers
under section 1860D–14A.’’.
(d) REDUCING GROWTH RATE OF OUT-OF-POCKET COST
THRESHOLD.—Section 1860D–2(b) of the Social Security Act (42
U.S.C. 1395w–102(b)) is amended—
(1) in paragraph (4)(B)(i)—
(A) in subclause (I), by striking ‘‘or’’ at the end;
(B) by redesignating subclause (II) as subclause (VI);
and
(C) by inserting after subclause (I) the following new
subclauses:
‘‘(II) for each of years 2007 through 2013, is
equal to the amount specified in this subparagraph
for the previous year, increased by the annual
percentage increase described in paragraph (6) for
the year involved;
‘‘(III) for 2014 and 2015, is equal to the amount
specified in this subparagraph for the previous
year, increased by the annual percentage increase
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PUBLIC LAW 111–152—MAR. 30, 2010
described in paragraph (6) for the year involved,
minus 0.25 percentage point;
‘‘(IV) for each of years 2016 through 2019,
is equal to the amount specified in this subparagraph for the previous year, increased by the lesser
of—
‘‘(aa) the annual percentage increase
described in paragraph (7) for the year
involved, plus 2 percentage points; or
‘‘(bb) the annual percentage increase
described in paragraph (6) for the year;
‘‘(V) for 2020, is equal to the amount that
would have been applied under this subparagraph
for 2020 if the amendments made by section
1101(d)(1) of the Health Care and Education Reconciliation Act of 2010 had not been enacted; or’’;
and
(2) by adding at the end the following new paragraph:
‘‘(7) ADDITIONAL ANNUAL PERCENTAGE INCREASE.—The
annual percentage increase specified in this paragraph for a
year is equal to the annual percentage increase in the consumer
price index for all urban consumers (United States city average)
for the 12-month period ending in July of the previous year.’’.
SEC. 1102. MEDICARE ADVANTAGE PAYMENTS.
Effective date.
42 USC
1395w–21 et seq.
and note.
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Definition.
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(a) REPEAL.—Effective as if included in the enactment of the
Patient Protection and Affordable Care Act, sections 3201 and 3203
of such Act (and the amendments made by such sections) are
repealed.
(b) PHASE-IN OF MODIFIED BENCHMARKS.—Section 1853 of the
Social Security Act (42 U.S.C. 1395w–23) is amended—
(1) in subsection (j)(1)(A), by striking ‘‘(or, beginning with
2007, 1⁄12 of the applicable amount determined under subsection
(k)(1)) for the area for the year’’ and inserting ‘‘for the area
for the year (or, for 2007, 2008, 2009, and 2010, 1⁄12 of the
applicable amount determined under subsection (k)(1) for the
area for the year; for 2011, 1⁄12 of the applicable amount determined under subsection (k)(1) for the area for 2010; and, beginning with 2012, 1⁄12 of the blended benchmark amount determined under subsection (n)(1) for the area for the year)’’; and
(2) by adding at the end the following new subsection:
‘‘(n) DETERMINATION OF BLENDED BENCHMARK AMOUNT.—
‘‘(1) IN GENERAL.—For purposes of subsection (j), subject
to paragraphs (3), (4), and (5), the term ‘blended benchmark
amount’ means for an area—
‘‘(A) for 2012 the sum of—
‘‘(i) 1⁄2 of the applicable amount for the area and
year; and
‘‘(ii) 1⁄2 of the amount specified in paragraph (2)(A)
for the area and year; and
‘‘(B) for a subsequent year the amount specified in
paragraph (2)(A) for the area and year.
‘‘(2) SPECIFIED AMOUNT.—
‘‘(A) IN GENERAL.—The amount specified in this
subparagraph for an area and year is the product of—
‘‘(i) the base payment amount specified in subparagraph (E) for the area and year adjusted to take into
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124 STAT. 1041
account the phase-out in the indirect costs of medical
education from capitation rates described in subsection
(k)(4); and
‘‘(ii) the applicable percentage for the area for the
year specified under subparagraph (B).
‘‘(B) APPLICABLE PERCENTAGE.—Subject to subparagraph (D), the applicable percentage specified in this
subparagraph for an area for a year in the case of an
area that is ranked—
‘‘(i) in the highest quartile under subparagraph
(C) for the previous year is 95 percent;
‘‘(ii) in the second highest quartile under such
subparagraph for the previous year is 100 percent;
‘‘(iii) in the third highest quartile under such
subparagraph for the previous year is 107.5 percent;
or
‘‘(iv) in the lowest quartile under such subparagraph for the previous year is 115 percent.
‘‘(C) PERIODIC RANKING.—For purposes of this paragraph in the case of an area located—
‘‘(i) in 1 of the 50 States or the District of
Columbia, the Secretary shall rank such area in each
year specified under subsection (c)(1)(D)(ii) based upon
the level of the amount specified in subparagraph (A)(i)
for such areas; or
‘‘(ii) in a territory, the Secretary shall rank such
areas in each such year based upon the level of the
amount specified in subparagraph (A)(i) for such area
relative to quartile rankings computed under clause
(i).
‘‘(D) 1-YEAR TRANSITION FOR CHANGES IN APPLICABLE
PERCENTAGE.—If, for a year after 2012, there is a change
in the quartile in which an area is ranked compared to
the previous year, the applicable percentage for the area
in the year shall be the average of—
‘‘(i) the applicable percentage for the area for the
previous year; and
‘‘(ii) the applicable percentage that would otherwise apply for the area for the year.
‘‘(E) BASE PAYMENT AMOUNT.—Subject to subparagraph
(F), the base payment amount specified in this subparagraph—
‘‘(i) for 2012 is the amount specified in subsection
(c)(1)(D) for the area for the year; or
‘‘(ii) for a subsequent year that—
‘‘(I) is not specified under subsection
(c)(1)(D)(ii), is the base amount specified in this
subparagraph for the area for the previous year,
increased by the national per capita MA growth
percentage, described in subsection (c)(6) for that
succeeding year, but not taking into account any
adjustment under subparagraph (C) of such subsection for a year before 2004; and
‘‘(II) is specified under subsection (c)(1)(D)(ii),
is the amount specified in subsection (c)(1)(D) for
the area for the year.
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‘‘(F) APPLICATION OF INDIRECT MEDICAL EDUCATION
PHASE-OUT.—The base payment amount specified in
subparagraph (E) for a year shall be adjusted in the same
manner under paragraph (4) of subsection (k) as the
applicable amount is adjusted under such subsection.
‘‘(3) ALTERNATIVE PHASE-INS.—
‘‘(A) 4-YEAR PHASE-IN FOR CERTAIN AREAS.—If the difference between the applicable amount (as defined in subsection (k)) for an area for 2010 and the projected 2010
benchmark amount (as defined in subparagraph (C)) for
the area is at least $30 but less than $50, the blended
benchmark amount for the area is—
‘‘(i) for 2012 the sum of—
‘‘(I) 3⁄4 of the applicable amount for the area
and year; and
‘‘(II) 1⁄4 of the amount specified in paragraph
(2)(A) for the area and year;
‘‘(ii) for 2013 the sum of—
‘‘(I) 1⁄2 of the applicable amount for the area
and year; and
‘‘(II) 1⁄2 of the amount specified in paragraph
(2)(A) for the area and year;
‘‘(iii) for 2014 the sum of—
‘‘(I) 1⁄4 of the applicable amount for the area
and year; and
‘‘(II) 3⁄4 of the amount specified in paragraph
(2)(A) for the area and year; and
‘‘(iv) for a subsequent year the amount specified
in paragraph (2)(A) for the area and year.
‘‘(B) 6-YEAR PHASE-IN FOR CERTAIN AREAS.—If the difference between the applicable amount (as defined in subsection (k)) for an area for 2010 and the projected 2010
benchmark amount (as defined in subparagraph (C)) for
the area is at least $50, the blended benchmark amount
for the area is—
‘‘(i) for 2012 the sum of—
‘‘(I) 5⁄6 of the applicable amount for the area
and year; and
‘‘(II) 1⁄6 of the amount specified in paragraph
(2)(A) for the area and year;
‘‘(ii) for 2013 the sum of—
‘‘(I) 2⁄3 of the applicable amount for the area
and year; and
‘‘(II) 1⁄3 of the amount specified in paragraph
(2)(A) for the area and year;
‘‘(iii) for 2014 the sum of—
‘‘(I) 1⁄2 of the applicable amount for the area
and year; and
‘‘(II) 1⁄2 of the amount specified in paragraph
(2)(A) for the area and year;
‘‘(iv) for 2015 the sum of—
‘‘(I) 1⁄3 of the applicable amount for the area
and year; and
‘‘(II) 2⁄3 of the amount specified in paragraph
(2)(A) for the area and year; and
‘‘(v) for 2016 the sum of—
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‘‘(I) 1⁄6 of the applicable amount for the area
and year; and
‘‘(II) 5⁄6 of the amount specified in paragraph
(2)(A) for the area and year; and
‘‘(vi) for a subsequent year the amount specified
in paragraph (2)(A) for the area and year.
‘‘(C) PROJECTED 2010 BENCHMARK AMOUNT.—The projected 2010 benchmark amount described in this subparagraph for an area is equal to the sum of—
‘‘(i) 1⁄2 of the applicable amount (as defined in
subsection (k)) for the area for 2010; and
‘‘(ii) 1⁄2 of the amount specified in paragraph (2)(A)
for the area for 2010 but determined as if there were
substituted for the applicable percentage specified in
clause (ii) of such paragraph the sum of—
‘‘(I) the applicable percent that would be specified under subparagraph (B) of paragraph (2)
(determined without regard to subparagraph (D)
of such paragraph) for the area for 2010 if any
reference in such paragraph to ‘the previous year’
were deemed a reference to 2010; and
‘‘(II) the applicable percentage increase that
would apply to a qualifying plan in the area under
subsection (o) as if any reference in such subsection
to 2012 were deemed a reference to 2010 and
as if the determination of a qualifying county
under paragraph (3)(B) of such subsection were
made for 2010.
‘‘(4) CAP ON BENCHMARK AMOUNT.—In no case shall the
blended benchmark amount for an area for a year (determined
taking into account subsection (o)) be greater than the
applicable amount that would (but for the application of this
subsection) be determined under subsection (k)(1) for the area
for the year.
‘‘(5) NON-APPLICATION TO PACE PLANS.—This subsection
shall not apply to payments to a PACE program under section
1894.’’.
(c) APPLICABLE PERCENTAGE QUALITY INCREASES.—Section 1853
of such Act (42 U.S.C. 1395w–23), as amended by subsection (b),
is amended—
(1) in subsection (j), by inserting ‘‘subject to subsection
(o),’’ after ‘‘For purposes of this part,’’;
(2) in subsection (n)(2)(B), as added by subsection (b), by
inserting ‘‘, subject to subsection (o)’’ after ‘‘as follows’’; and
(3) by adding at the end the following new subsection:
‘‘(o) APPLICABLE PERCENTAGE QUALITY INCREASES.—
‘‘(1) IN GENERAL.—Subject to the succeeding paragraphs,
in the case of a qualifying plan with respect to a year beginning
with 2012, the applicable percentage under subsection (n)(2)(B)
shall be increased on a plan or contract level, as determined
by the Secretary—
‘‘(A) for 2012, by 1.5 percentage points;
‘‘(B) for 2013, by 3.0 percentage points; and
‘‘(C) for 2014 or a subsequent year, by 5.0 percentage
points.
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124 STAT. 1044
PUBLIC LAW 111–152—MAR. 30, 2010
‘‘(2) INCREASE FOR QUALIFYING PLANS IN QUALIFYING COUNTIES.—The increase applied under paragraph (1) for a qualifying
plan located in a qualifying county for a year shall be doubled.
‘‘(3) QUALIFYING PLANS AND QUALIFYING COUNTY DEFINED;
APPLICATION OF INCREASES TO LOW ENROLLMENT AND NEW
PLANS.—For purposes of this subsection:
‘‘(A) QUALIFYING PLAN.—
‘‘(i) IN GENERAL.—The term ‘qualifying plan’
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means, for a year and subject to paragraph (4), a
plan that had a quality rating under paragraph (4)
of 4 stars or higher based on the most recent data
available for such year.
‘‘(ii) APPLICATION OF INCREASES TO LOW ENROLLMENT PLANS.—
‘‘(I) 2012.—For 2012, the term ‘qualifying plan’
includes an MA plan that the Secretary determines
is not able to have a quality rating under paragraph (4) because of low enrollment.
‘‘(II) 2013 AND SUBSEQUENT YEARS.—For 2013
and subsequent years, for purposes of determining
whether an MA plan with low enrollment (as
defined by the Secretary) is included as a qualifying plan, the Secretary shall establish a method
to apply to MA plans with low enrollment (as
defined by the Secretary) the computation of
quality rating and the rating system under paragraph (4).
‘‘(iii) APPLICATION OF INCREASES TO NEW PLANS.—
‘‘(I) IN GENERAL.—A new MA plan that meets
criteria specified by the Secretary shall be treated
as a qualifying plan, except that in applying paragraph (1), the applicable percentage under subsection (n)(2)(B) shall be increased—
‘‘(aa) for 2012, by 1.5 percentage points;
‘‘(bb) for 2013, by 2.5 percentage points;
and
‘‘(cc) for 2014 or a subsequent year, by
3.5 percentage points.
‘‘(II) NEW MA PLAN DEFINED.—The term ‘new
MA plan’ means, with respect to a year, a plan
offered by an organization or sponsor that has
not had a contract as a Medicare Advantage
organization in the preceding 3-year period.
‘‘(B) QUALIFYING COUNTY.—The term ‘qualifying county’
means, for a year, a county—
‘‘(i) that has an MA capitation rate that, in 2004,
was based on the amount specified in subsection
(c)(1)(B) for a Metropolitan Statistical Area with a
population of more than 250,000;
‘‘(ii) for which, as of December 2009, of the Medicare Advantage eligible individuals residing in the
county at least 25 percent of such individuals were
enrolled in Medicare Advantage plans; and
‘‘(iii) that has per capita fee-for-service spending
that is lower than the national monthly per capita
cost for expenditures for individuals enrolled under
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the original medicare fee-for-service program for the
year.
‘‘(4) QUALITY DETERMINATIONS FOR APPLICATION OF
INCREASE.—
‘‘(A) QUALITY DETERMINATION.—The quality rating for
a plan shall be determined according to a 5-star rating
system (based on the data collected under section 1852(e)).
‘‘(B) PLANS THAT FAILED TO REPORT.—An MA plan
which does not report data that enables the Secretary
to rate the plan for purposes of this paragraph shall be
counted as having a rating of fewer than 3.5 stars.
‘‘(5) EXCEPTION FOR PACE PLANS.—This subsection shall
not apply to payments to a PACE program under section 1894.’’.
(4) DETERMINATION OF MEDICARE PART D LOW-INCOME
BENCHMARK PREMIUM.—Section 1860D–14(b)(2)(B)(iii) of the
Social Security Act (42 U.S.C. 1395w–114(b)(2)(B)(iii)) as
amended by section 3302 of the Patient Protection and Affordable Care Act, is amended by striking ‘‘, determined without
regard to any reduction in such premium as a result of any
beneficiary rebate under section 1854(b)(1)(C) or bonus payment
under section 1853(n)’’ and inserting the following: ‘‘and determined before the application of the monthly rebate computed
under section 1854(b)(1)(C)(i) for that plan and year involved
and, in the case of a qualifying plan, before the application
of the increase under section 1853(o) for that plan and year
involved’’.
(d) BENEFICIARY REBATES.—Section 1854(b)(1)(C) of such Act
(42 U.S.C. 1395w–24(b)(1)(C)), as amended by section 3202(b) of
the Patient Protection and Affordable Care Act, is further
amended—
(1) in clause (i), by inserting ‘‘(or the applicable rebate
percentage specified in clause (iii) in the case of plan years
beginning on or after January 1, 2012)’’ after ‘‘75 percent’’;
and
(2) by striking clause (iii), by redesignating clauses (iv)
and (v) as clauses (vii) and (viii), respectively, and by inserting
after clause (ii) the following new clauses:
‘‘(iii) APPLICABLE REBATE PERCENTAGE.—The
applicable rebate percentage specified in this clause
for a plan for a year, based on the system under
section 1853(o)(4)(A), is the sum of—
‘‘(I) the product of the old phase-in proportion
for the year under clause (iv) and 75 percent;
and
‘‘(II) the product of the new phase-in proportion for the year under clause (iv) and the final
applicable rebate percentage under clause (v).
‘‘(iv) OLD AND NEW PHASE-IN PROPORTIONS.—For
purposes of clause (iv)—
‘‘(I) for 2012, the old phase-in proportion is
2⁄3 and the new phase-in proportion is 1⁄3;
‘‘(II) for 2013, the old phase-in proportion is
1⁄3 and the new phase-in proportion is 2⁄3; and
‘‘(III) for 2014 and any subsequent year, the
old phase-in proportion is 0 and the new phasein proportion is 1.
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‘‘(v) FINAL APPLICABLE REBATE PERCENTAGE.—Subject to clause (vi), the final applicable rebate percentage
under this clause is—
‘‘(I) in the case of a plan with a quality rating
under such system of at least 4.5 stars, 70 percent;
‘‘(II) in the case of a plan with a quality rating
under such system of at least 3.5 stars and less
than 4.5 stars, 65 percent; and
‘‘(III) in the case of a plan with a quality
rating under such system of less than 3.5 stars,
50 percent.
‘‘(vi) TREATMENT OF LOW ENROLLMENT AND NEW
PLANS.—For purposes of clause (v)—
‘‘(I) for 2012, in the case of a plan described
in subclause (I) of subsection (o)(3)(A)(ii), the plan
shall be treated as having a rating of 4.5 stars;
and
‘‘(II) for 2012 or a subsequent year, in the
case of a new MA plan (as defined under subclause
(III) of subsection (o)(3)(A)(iii)) that is treated as
a qualifying plan pursuant to subclause (I) of such
subsection, the plan shall be treated as having
a rating of 3.5 stars.’’.
(e) CODING INTENSITY ADJUSTMENT.—Section 1853(a)(1)(C)(ii)
of such Act (42 U.S.C. 1395w–23(a)(1)(C)(ii)) is amended—
(1) in the heading, by striking ‘‘DURING PHASEOUT OF
BUDGET NEUTRALITY FACTOR’’ and inserting ‘‘OF CODING ADJUSTMENT’’;
(2) in the matter before subclause (I), by striking ‘‘through
2010’’ and inserting ‘‘and each subsequent year’’; and
(3) in subclause (II)—
(A) in the first sentence, by inserting ‘‘annually’’ before
‘‘conduct an analysis’’;
(B) in the second sentence—
(i) by inserting ‘‘on a timely basis’’ after ‘‘are incorporated’’; and
(ii) by striking ‘‘only for 2008, 2009, and 2010’’
and inserting ‘‘for 2008 and subsequent years’’;
(C) in the third sentence, by inserting ‘‘and updated
as appropriate’’ before the period at the end; and
(D) by adding at the end the following new subclauses:
‘‘(III) In calculating each year’s adjustment,
the adjustment factor shall be for 2014, not less
than the adjustment factor applied for 2010, plus
1.3 percentage points; for each of years 2015
through 2018, not less than the adjustment factor
applied for the previous year, plus 0.25 percentage
point; and for 2019 and each subsequent year,
not less than 5.7 percent.
‘‘(IV) Such adjustment shall be applied to risk
scores until the Secretary implements risk adjustment using Medicare Advantage diagnostic, cost,
and use data.’’.
(f) REPEAL OF COMPARATIVE COST ADJUSTMENT PROGRAM.—
Section 1860C–1 of the Social Security Act (42 U.S.C. 1395w–
29), as added by section 241(a) of the Medicare Prescription Drug,
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124 STAT. 1047
Improvement, and Modernization Act of 2003 (Public Law 108–
173), is repealed.
SEC. 1103. SAVINGS FROM LIMITS ON MA PLAN ADMINISTRATIVE
COSTS.
Section 1857(e) of the Social Security Act (42 U.S.C. 1395w–
27(e)) is amended by adding at the end the following new paragraph:
‘‘(4) REQUIREMENT FOR MINIMUM MEDICAL LOSS RATIO.—
If the Secretary determines for a contract year (beginning with
2014) that an MA plan has failed to have a medical loss
ratio of at least .85—
‘‘(A) the MA plan shall remit to the Secretary an
amount equal to the product of—
‘‘(i) the total revenue of the MA plan under this
part for the contract year; and
‘‘(ii) the difference between .85 and the medical
loss ratio;
‘‘(B) for 3 consecutive contract years, the Secretary
shall not permit the enrollment of new enrollees under
the plan for coverage during the second succeeding contract
year; and
‘‘(C) the Secretary shall terminate the plan contract
if the plan fails to have such a medical loss ratio for
5 consecutive contract years.’’.
Time periods.
Determination.
Payments.
SEC. 1104. DISPROPORTIONATE SHARE HOSPITAL (DSH) PAYMENTS.
Section 1886(r) of the Social Security Act (42 U.S.C. 1395ww(r)),
as added by section 3133 of the Patient Protection and Affordable
Care Act and as amended by section 10316 of such Act, is
amended—
(1) in paragraph (1), by striking ‘‘2015’’ and inserting
‘‘2014’’; and
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘2015’’ and inserting ‘‘2014’’;
(B) in subparagraph (B)(i)—
(i) in the heading, by inserting ‘‘2014,’’ after
‘‘YEARS’’;
(ii) in the matter preceding subclause (I), by
inserting ‘‘2014,’’ after ‘‘each of fiscal years’’;
(iii) in subclause (I), by striking ‘‘on such Act’’
and inserting ‘‘on the Health Care and Education Reconciliation Act of 2010’’; and
(iv) in the matter following subclause (II), by
striking ‘‘minus 1.5 percentage points’’ and inserting
‘‘minus 0.1 percentage points for fiscal year 2014 and
minus 0.2 percentage points for each of fiscal years
2015, 2016, and 2017’’; and
(C) in subparagraph (B)(ii), in the matter following
subclause (II), by striking ‘‘and, for each of 2018 and 2019,
minus 1.5 percentage points’’ and inserting ‘‘minus 0.2
percentage points for each of fiscal years 2018 and 2019’’.
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SEC. 1105. MARKET BASKET UPDATES.
(a) IPPS.—Section 1886(b)(3)(B) of the Social Security Act (42
U.S.C. 1395ww(b)(3)(B)), as amended by sections 3401(a)(4) and
10319(a) of the Patient Protection and Affordable Care Act, is
amended—
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PUBLIC LAW 111–152—MAR. 30, 2010
(1) in clause (xii)—
(A) by placing the subclause (II) (inserted by section
10319(a)(3) of the Patient Protection and Affordable Care
Act) immediately after subclause (I) and, in such subclause
(II), by striking ‘‘and’’ at the end; and
(B) by striking subclause (III) and inserting the following:
‘‘(III) for fiscal year 2014, by 0.3 percentage point;
‘‘(IV) for each of fiscal years 2015 and 2016, by 0.2 percentage point; and
‘‘(V) for each of fiscal years 2017, 2018, and 2019, by
0.75 percentage point.’’; and
(2) by striking clause (xiii).
(b) LONG-TERM CARE HOSPITALS.—Section 1886(m)(4) of the
Social Security Act (42 U.S.C. 1395ww(m)(4)), as added by section
3401(c) of the Patient Protection and Affordable Care Act and
amended by section 10319(b) of such Act, is amended—
(1) in subparagraph (A)—
(A) in clause (iii), by striking ‘‘and’’ at the end; and
(B) by striking clause (iv) and inserting the following:
‘‘(iv) for rate year 2014, 0.3 percentage point;
‘‘(v) for each of rate years 2015 and 2016, 0.2
percentage point; and
‘‘(vi) for each of rate years 2017, 2018, and 2019,
0.75 percentage point.’’;
(2) by striking subparagraph (B); and
(3) by striking ‘‘(4) OTHER ADJUSTMENT.—’’ and all that
follows through ‘‘For purposes’’ and inserting ‘‘(4) OTHER
ADJUSTMENT.—For purposes’’ (and redesignating clauses (i)
through (vi) as subparagraphs (A) through (F), respectively,
with appropriate indentation).
REHABILITATION
FACILITIES.—Section
(c)
INPATIENT
1886(j)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(j)(3)(D)),
as added by section 3401(d)(2) of the Patient Protection and Affordable Care Act and amended by section 10319(c) of such Act, is
amended—
(1) in clause (i)—
(A) by placing the subclause (II) (inserted by section
10319(c)(3) of the Patient Protection and Affordable Care
Act) immediately after subclause (I) and, in such subclause
(II), by striking ‘‘and’’ at the end; and
(B) by striking subclause (III) and inserting the following:
‘‘(III) for fiscal year 2014, 0.3 percentage point;
‘‘(IV) for each of fiscal years 2015 and 2016,
0.2 percentage point; and
‘‘(V) for each of fiscal years 2017, 2018, and
2019, 0.75 percentage point.’’;
(2) by striking clause (ii); and
(3) by striking ‘‘(D) OTHER ADJUSTMENT.—’’ and all that
follows through ‘‘For purposes’’ and inserting ‘‘(D) OTHER
ADJUSTMENT.—For purposes’’ (and redesignating subclauses (I)
through (V) as clauses (i) through (v), respectively, with appropriate indentation).
(d) PSYCHIATRIC HOSPITALS.—Section 1886(s)(3) of the Social
Security Act, as added by section 3401(f) of the Patient Protection
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124 STAT. 1049
and Affordable Care Act and amended by section 10319(e) of such
Act, is amended—
(1) in subparagraph (A)—
(A) by placing the clause (ii) (inserted by section
10319(e)(3) of the Patient Protection and Affordable Care
Act) immediately after clause (i) and, in such clause (ii),
by striking ‘‘and’’ at the end; and
(B) by striking clause (iii) and inserting the following:
‘‘(iii) for the rate year beginning in 2014, 0.3
percentage point;
‘‘(iv) for each of the rate years beginning in 2015
and 2016, 0.2 percentage point; and
‘‘(v) for each of the rate years beginning in 2017,
2018, and 2019, 0.75 percentage point.’’;
(2) by striking subparagraph (B); and
(3) by striking ‘‘(3) OTHER ADJUSTMENT.—’’ and all that
follows through ‘‘For purposes’’ and inserting ‘‘(3) OTHER
ADJUSTMENT.—For purposes’’ (and redesignating clauses (i)
through (v) as subparagraphs (A) through (E), respectively,
with appropriate indentation).
(e) OUTPATIENT HOSPITALS.—Section 1833(t)(3)(G) of the Social
Security Act (42 U.S.C. 1395l(t)(3)(G)), as added by section 3401(i)(2)
of the Patient Protection and Affordable Care Act and amended
by section 10319(g) of such Act, is amended—
(1) in clause (i)—
(A) by placing the subclause (II) (inserted by section
10319(g)(3) of the Patient Protection and Affordable Care
Act) immediately after subclause (I) and, in such subclause
(II), by striking ‘‘and’’ at the end; and
(B) by striking subclause (III) and inserting the following:
‘‘(III) for 2014, 0.3 percentage point;
‘‘(IV) for each of 2015 and 2016, 0.2 percentage
point; and
‘‘(V) for each of 2017, 2018, and 2019, 0.75
percentage point.’’;
(2) by striking clause (ii); and
(3) by striking ‘‘(G) OTHER ADJUSTMENT.—’’ and all that
follows through ‘‘For purposes’’ and inserting ‘‘(G) OTHER
ADJUSTMENT.—For purposes’’ (and redesignating subclauses (I)
through (V) as clauses (i) through (v), respectively, with appropriate indentation).
Ante, p. 484, 949.
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SEC. 1106. PHYSICIAN OWNERSHIP-REFERRAL.
Section 1877(i) of the Social Security Act (42 U.S.C. 1395nn(i)),
as added by section 6001(a)(3) of the Patient Protection and Affordable Care Act and as amended by section 10601(a) of such Act,
is amended—
(1) in paragraph (1)(A)(i), by striking ‘‘August 1, 2010’’
and inserting ‘‘December 31, 2010’’; and
(2) in paragraph (3)—
(A) in subparagraph (A)(i), by striking ‘‘an applicable
hospital (as defined in subparagraph (E))’’ and inserting
‘‘a hospital that is an applicable hospital (as defined in
subparagraph (E)) or is a high Medicaid facility described
in subparagraph (F)’’;
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(B) in subparagraph (C)(iii), by inserting after ‘‘date
of enactment of this subsection’’ the following: ‘‘(or, in the
case of a hospital that did not have a provider agreement
in effect as of such date but does have such an agreement
in effect on December 31, 2010, the effective date of such
provider agreement)’’;
(C) by redesignating subparagraphs (F) through (H)
as subparagraphs (G) through (I), respectively; and
(D) by inserting after subparagraph (E) the following
new subparagraph:
‘‘(F) HIGH MEDICAID FACILITY DESCRIBED.—A high Medicaid facility described in this subparagraph is a hospital
that—
‘‘(i) is not the sole hospital in a county;
‘‘(ii) with respect to each of the 3 most recent
years for which data are available, has an annual
percent of total inpatient admissions that represent
inpatient admissions under title XIX that is estimated
to be greater than such percent with respect to such
admissions for any other hospital located in the county
in which the hospital is located; and
‘‘(iii) meets the conditions described in subparagraph (E)(iii).’’.
SEC. 1107. PAYMENT FOR IMAGING SERVICES.
Effective date.
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42 USC 1395w–4
note.
Effective date.
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Section 1848 of the Social Security Act (42 U.S.C. 1395w–
4), as amended by section 3135(a) of the Patient Protection and
Affordable Care Act, is amended—
(1) in subsection (b)(4)—
(A) in subparagraph (B), by striking ‘‘this paragraph’’
and inserting ‘‘subparagraph (A)’’; and
(B) by amending subparagraph (C) to read as follows:
‘‘(C) ADJUSTMENT IN IMAGING UTILIZATION RATE.—With
respect to fee schedules established for 2011 and subsequent years, in the methodology for determining practice
expense relative value units for expensive diagnostic
imaging equipment under the final rule published by the
Secretary in the Federal Register on November 25, 2009
(42 CFR 410 et al.), the Secretary shall use a 75 percent
assumption instead of the utilization rates otherwise established in such final rule.’’; and
(2) in subsection (c)(2)(B)(v), by striking subclauses (III),
(IV), and (V) and inserting the following new subclause:
‘‘(III) CHANGE IN UTILIZATION RATE FOR CERTAIN IMAGING SERVICES.—Effective for fee schedules established beginning with 2011, reduced
expenditures attributable to the change in the
utilization rate applicable to 2011, as described
in subsection (b)(4)(C).’’.
SEC. 1108. PE GPCI ADJUSTMENT FOR 2010.
Effective as if included in the enactment of the Patient Protection and Affordable Care Act, section 1848(e)(1)(H)(i) of the Social
Security Act (42 U.S.C. 1395w–4(e)(1)(H)(i)), as added by section
3102(b)(2) of the Patient Protection and Affordable Care Act, is
amended by striking ‘‘3⁄4’’ and inserting ‘‘1⁄2’’.
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SEC. 1109. PAYMENT FOR QUALIFYING HOSPITALS.
(a) IN GENERAL.—From the amount available under subsection
(b), the Secretary of Health and Human Services shall provide
for a payment to qualifying hospitals (as defined in subsection
(d)) for fiscal years 2011 and 2012 of the amount determined under
subsection (c).
(b) AMOUNTS AVAILABLE.—There shall be available from the
Federal Hospital Insurance Trust Fund $400,000,000 for payments
under this section for fiscal years 2011 and 2012.
(c) PAYMENT AMOUNT.—The amount of payment under this
section for a qualifying hospital shall be determined, in a manner
consistent with the amount available under subsection (b), in
proportion to the portion of the amount of the aggregate payments
under section 1886(d) of the Social Security Act to the hospital
for fiscal year 2009 bears to the sum of all such payments to
all qualifying hospitals for such fiscal year.
(d) QUALIFYING HOSPITAL DEFINED.—In this section, the term
‘‘qualifying hospital’’ means a subsection (d) hospital (as defined
for purposes of section 1886(d) of the Social Security Act) that
is located in a county that ranks, based upon its ranking in age,
sex, and race adjusted spending for benefits under parts A and
B under title XVIII of such Act per enrollee, within the lowest
quartile of such counties in the United States.
42 USC 1395ww
note.
Subtitle C—Medicaid
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SEC. 1201. FEDERAL FUNDING FOR STATES.
Section 1905 of the Social Security Act (42 U.S.C. 1396d),
as amended by sections 2001(a)(3) and 10201(c) of the Patient
Protection and Affordable Care Act, is amended—
(1) in subsection (y)—
(A) by redesignating subclause (II) of paragraph
(1)(B)(ii) as paragraph (5) of subsection (z) and realigning
the left margins accordingly; and
(B) by striking paragraph (1) and inserting the following:
‘‘(1) AMOUNT OF INCREASE.—Notwithstanding subsection
(b), the Federal medical assistance percentage for a State that
is one of the 50 States or the District of Columbia, with respect
to amounts expended by such State for medical assistance
for newly eligible individuals described in subclause (VIII) of
section 1902(a)(10)(A)(i), shall be equal to—
‘‘(A) 100 percent for calendar quarters in 2014, 2015,
and 2016;
‘‘(B) 95 percent for calendar quarters in 2017;
‘‘(C) 94 percent for calendar quarters in 2018;
‘‘(D) 93 percent for calendar quarters in 2019; and
‘‘(E) 90 percent for calendar quarters in 2020 and each
year thereafter.’’; and
(2) in subsection (z)—
(A) in paragraph (1), by striking ‘‘September 30, 2019’’
and inserting ‘‘December 31, 2015’’ and by striking ‘‘subsection (y)(1)(B)(ii)(II)’’ and inserting ‘‘paragraph (3)’’;
(B) by striking paragraphs (2) through (4) and inserting
the following:
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‘‘(2)(A) For calendar quarters in 2014 and each year thereafter, the Federal medical assistance percentage otherwise
determined under subsection (b) for an expansion State
described in paragraph (3) with respect to medical assistance
for individuals described in section 1902(a)(10)(A)(i)(VIII) who
are nonpregnant childless adults with respect to whom the
State may require enrollment in benchmark coverage under
section 1937 shall be equal to the percent specified in subparagraph (B)(i) for such year.
‘‘(B)(i) The percent specified in this subparagraph for a
State for a year is equal to the Federal medical assistance
percentage (as defined in the first sentence of subsection (b))
for the State increased by a number of percentage points equal
to the transition percentage (specified in clause (ii) for the
year) of the number of percentage points by which—
‘‘(I) such Federal medical assistance percentage for
the State, is less than
‘‘(II) the percent specified in subsection (y)(1) for the
year.
‘‘(ii) The transition percentage specified in this clause for—
‘‘(I) 2014 is 50 percent;
‘‘(II) 2015 is 60 percent;
‘‘(III) 2016 is 70 percent;
‘‘(IV) 2017 is 80 percent;
‘‘(V) 2018 is 90 percent; and
‘‘(VI) 2019 and each subsequent year is 100 percent.’’;
and
(C) by redesignating paragraph (5) (as added by paragraph (1)(A) of this section) as paragraph (3), realigning
the left margins to align with paragraph (2), and striking
the heading and all that follows through ‘‘a State is’’ and
inserting ‘‘A State is’’.
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SEC. 1202. PAYMENTS TO PRIMARY CARE PHYSICIANS.
(a) IN GENERAL.—
(1) FEE-FOR-SERVICE PAYMENTS.—Section 1902 of the Social
Security Act (42 U.S.C. 1396a), as amended by section
2303(a)(2) of the Patient Protection and Affordable Care Act,
is amended—
(A) in subsection (a)(13)—
(i) by striking ‘‘and’’ at the end of subparagraph
(A);
(ii) by adding ‘‘and’’ at the end of subparagraph
(B); and
(iii) by adding at the end the following new
subparagraph:
‘‘(C) payment for primary care services (as defined
in subsection (jj)) furnished in 2013 and 2014 by a physician
with a primary specialty designation of family medicine,
general internal medicine, or pediatric medicine at a rate
not less than 100 percent of the payment rate that applies
to such services and physician under part B of title XVIII
(or, if greater, the payment rate that would be applicable
under such part if the conversion factor under section
1848(d) for the year involved were the conversion factor
under such section for 2009);’’; and
(B) by adding at the end the following new subsection:
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‘‘(jj) PRIMARY CARE SERVICES DEFINED.—For purposes of subsection (a)(13)(C), the term ‘primary care services’ means—
‘‘(1) evaluation and management services that are procedure codes (for services covered under title XVIII) for services
in the category designated Evaluation and Management in
the Healthcare Common Procedure Coding System (established
by the Secretary under section 1848(c)(5) as of December 31,
2009, and as subsequently modified); and
‘‘(2) services related to immunization administration for
vaccines and toxoids for which CPT codes 90465, 90466, 90467,
90468, 90471, 90472, 90473, or 90474 (as subsequently modified) apply under such System.’’.
(2) UNDER MEDICAID MANAGED CARE PLANS.—Section
1932(f) of such Act (42 U.S.C. 1396u–2(f)) is amended—
(A) in the heading, by adding at the end the following:
‘‘; ADEQUACY OF PAYMENT FOR PRIMARY CARE SERVICES’’;
and
(B) by inserting before the period at the end the following: ‘‘and, in the case of primary care services described
in section 1902(a)(13)(C), consistent with the minimum payment rates specified in such section (regardless of the
manner in which such payments are made, including in
the form of capitation or partial capitation)’’.
(b) INCREASE IN PAYMENT USING INCREASED FMAP.—Section
1905 of the Social Security Act, as amended by section 1004(b)
of this Act and section 10201(c)(6) of the Patient Protection and
Affordable Care Act, is amended by adding at the end the following
new subsection:
‘‘(dd) INCREASED FMAP FOR ADDITIONAL EXPENDITURES FOR
PRIMARY CARE SERVICES.—Notwithstanding subsection (b), with
respect to the portion of the amounts expended for medical assistance for services described in section 1902(a)(13)(C) furnished on
or after January 1, 2013, and before January 1, 2015, that is
attributable to the amount by which the minimum payment rate
required under such section (or, by application, section 1932(f))
exceeds the payment rate applicable to such services under the
State plan as of July 1, 2009, the Federal medical assistance
percentage for a State that is one of the 50 States or the District
of Columbia shall be equal to 100 percent. The preceding sentence
does not prohibit the payment of Federal financial participation
based on the Federal medical assistance percentage for amounts
in excess of those specified in such sentence.’’.
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SEC. 1203. DISPROPORTIONATE SHARE HOSPITAL PAYMENTS.
(a) IN GENERAL.—Section 1923(f) of the Social Security Act
(42 U.S.C. 1396r–4(f)), as amended by sections 2551(a)(4) and
10201(e)(1) of the Patient Protection and Affordable Care Act, is
amended—
(1) in paragraph (6)(B)(iii), in the matter preceding subclause (I), by striking ‘‘or paragraph (7)’’; and
(2) by striking paragraph (7) and inserting the following:
‘‘(7) MEDICAID DSH REDUCTIONS.—
‘‘(A) REDUCTIONS.—
‘‘(i) IN GENERAL.—For each of fiscal years 2014
through 2020 the Secretary shall effect the following
reductions:
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124 STAT. 1054
PUBLIC LAW 111–152—MAR. 30, 2010
‘‘(I) REDUCTION IN DSH ALLOTMENTS.—The Secretary shall reduce DSH allotments to States in
the amount specified under the DSH health reform
methodology under subparagraph (B) for the State
for the fiscal year.
‘‘(II) REDUCTIONS IN PAYMENTS.—The Secretary shall reduce payments to States under section 1903(a) for each calendar quarter in the fiscal
year, in the manner specified in clause (iii), in
an amount equal to 1⁄4 of the DSH allotment reduction under subclause (I) for the State for the fiscal
year.
‘‘(ii) AGGREGATE REDUCTIONS.—The aggregate
reductions in DSH allotments for all States under
clause (i)(I) shall be equal to—
‘‘(I) $500,000,000 for fiscal year 2014;
‘‘(II) $600,000,000 for fiscal year 2015;
‘‘(III) $600,000,000 for fiscal year 2016;
‘‘(IV) $1,800,000,000 for fiscal year 2017;
‘‘(V) $5,000,000,000 for fiscal year 2018;
‘‘(VI) $5,600,000,000 for fiscal year 2019; and
‘‘(VII) $4,000,000,000 for fiscal year 2020.
The Secretary shall distribute such aggregate reductions among States in accordance with subparagraph
(B).
‘‘(iii) MANNER OF PAYMENT REDUCTION.—The
amount of the payment reduction under clause (i)(II)
for a State for a quarter shall be deemed an overpayment to the State under this title to be disallowed
against the State’s regular quarterly draw for all
spending under section 1903(d)(2). Such a disallowance
is not subject to a reconsideration under subsections
(d) and (e) of section 1116.
‘‘(iv) DEFINITION.—In this paragraph, the term
‘State’ means the 50 States and the District of
Columbia.
‘‘(B) DSH HEALTH REFORM METHODOLOGY.—The Secretary shall carry out subparagraph (A) through use of
a DSH Health Reform methodology that meets the following requirements:
‘‘(i) The methodology imposes the largest percentage reductions on the States that—
‘‘(I) have the lowest percentages of uninsured
individuals (determined on the basis of data from
the Bureau of the Census, audited hospital cost
reports, and other information likely to yield
accurate data) during the most recent year for
which such data are available; or
‘‘(II) do not target their DSH payments on—
‘‘(aa) hospitals with high volumes of Medicaid inpatients (as defined in subsection
(b)(1)(A)); and
‘‘(bb) hospitals that have high levels of
uncompensated care (excluding bad debt).
‘‘(ii) The methodology imposes a smaller percentage
reduction on low DSH States described in paragraph
(5)(B).
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‘‘(iii) The methodology takes into account the
extent to which the DSH allotment for a State was
included in the budget neutrality calculation for a coverage expansion approved under section 1115 as of
July 31, 2009.’’.
(b) EXTENSION OF DSH ALLOTMENT.—Section 1923(f)(6)(A) of
the Social Security Act (42 U.S.C. 1396r–4(f)(6)(A)) is amended
by adding at the end the following:
‘‘(v) ALLOTMENT FOR 2D, 3RD, AND 4TH QUARTERS
OF FISCAL YEAR 2012 AND FOR FISCAL YEAR 2013.—Notwithstanding the table set forth in paragraph (2):
‘‘(I) 2D, 3RD, AND 4TH QUARTERS OF FISCAL
YEAR 2012.—In the case of a State that has a DSH
allotment of $0 for the 2d, 3rd, and 4th quarters
of fiscal year 2012, the DSH allotment shall be
$47,200,000 for such quarters.
‘‘(II) FISCAL YEAR 2013.—In the case of a State
that has a DSH allotment of $0 for fiscal year
2013, the DSH allotment shall be $53,100,000 for
such fiscal year.’’.
SEC. 1204. FUNDING FOR THE TERRITORIES.
(a) IN GENERAL.—Part III of subtitle D of title I of the Patient
Protection and Affordable Care Act, as amended by section 10104(m)
of such Act, is amended by inserting after section 1322 the following
section:
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‘‘SEC. 1323. FUNDING FOR THE TERRITORIES.
42 USC 18043.
‘‘(a) IN GENERAL.—A territory that—
‘‘(1) elects consistent with subsection (b) to establish an
Exchange in accordance with part II of this subtitle and establishes such an Exchange in accordance with such part shall
be treated as a State for purposes of such part and shall
be entitled to payment from the amount allocated to the territory under subsection (c); or
‘‘(2) does not make such election shall be entitled to an
increase in the dollar limitation applicable to the territory
under subsections (f) and (g) of section 1108 of the Social
Security Act (42 U.S.C. 1308) for such period in such amount
for such territory and such increase shall not be taken into
account in computing any other amount under such subsections.
‘‘(b) TERMS AND CONDITIONS.—An election under subsection
(a)(1) shall—
‘‘(1) not be effective unless the election is consistent with
section 1321 and is received not later than October 1, 2013;
and
‘‘(2) be contingent upon entering into an agreement between
the territory and the Secretary that requires that—
‘‘(A) funds provided under the agreement shall be used
only to provide premium and cost-sharing assistance to
residents of the territory obtaining health insurance coverage through the Exchange; and
‘‘(B) the premium and cost-sharing assistance provided
under such agreement shall be structured in such a manner
so as to prevent any gap in assistance for individuals
between the income level at which medical assistance is
available through the territory’s Medicaid plan under title
XIX of the Social Security Act and the income level at
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Contracts.
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PUBLIC LAW 111–152—MAR. 30, 2010
which premium and cost-sharing assistance is available
under the agreement.
‘‘(c) APPROPRIATION AND ALLOCATION.—
‘‘(1) APPROPRIATION.—Out of any funds in the Treasury
not otherwise appropriated, there is appropriated for purposes
of payment pursuant to subsection (a) $1,000,000,000, to be
available during the period beginning with 2014 and ending
with 2019.
‘‘(2) ALLOCATION.—The Secretary shall allocate the amount
appropriated under paragraph (1) among the territories for
purposes of carrying out this section as follows:
‘‘(A) For Puerto Rico, $925,000,000.
‘‘(B) For another territory, the portion of $75,000,000
specified by the Secretary.’’.
(b) MEDICAID FUNDING.—
(1) INCREASE IN FUNDING CAPS.—Section 1108(g) of the
Social Security Act (42 U.S.C. 1308(g)), as amended by section
2005(a) of the Patient Protection and Affordable Care Act,
is amended—
(A) in paragraph (2), by inserting ‘‘and section
1323(a)(2) of the Patient Protection and Affordable Care
Act’’ after ‘‘subject to’’; and
(B) by striking paragraph (5) and inserting the following:
‘‘(5) ADDITIONAL INCREASE.—The Secretary shall increase
the amounts otherwise determined under this subsection for
Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa (after the application of subsection (f) and the preceding paragraphs of this subsection)
for the period beginning July 1, 2011, and ending on September
30, 2019, by such amounts that the total additional payments
under title XIX to such territories equals $6,300,000,000 for
such period. The Secretary shall increase such amounts in
proportion to the amounts applicable to such territories under
this subsection and subsection (f) on the date of enactment
of this paragraph.’’.
(2) DISREGARD OF PAYMENTS; INCREASED FMAP.—Section
2005 of the Patient Protection and Affordable Care Act is
amended—
(A) by repealing subsection (b) (and the amendments
made by that subsection) and section 1108(g)(4) of the
Social Security Act shall be applied as if such amendments
had never been enacted; and
(B) in subsection (c)(2), by striking ‘‘January’’ and
inserting ‘‘July’’.
Time period.
Time period.
Ante, p. 283.
Applicability.
SEC. 1205. DELAY IN COMMUNITY FIRST CHOICE OPTION.
Section 1915(k)(1) of the Social Security Act (42 U.S.C.
1396n(k)), as added by section 2401 of the Patient Protection and
Affordable Care Act, is amended by striking ‘‘October 1, 2010’’
and inserting ‘‘October 1, 2011’’.
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SEC. 1206. DRUG REBATES FOR NEW FORMULATIONS OF EXISTING
DRUGS.
(a) TREATMENT OF NEW FORMULATIONS.—Subparagraph (C) of
section 1927(c)(2) of the Social Security Act (42 U.S.C. 1396r–
8(c)(2)), as added by section 2501(d) of the Patient Protection and
Affordable Care Act, is amended to read as follows:
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124 STAT. 1057
‘‘(C) TREATMENT OF NEW FORMULATIONS.—In the case
of a drug that is a line extension of a single source drug
or an innovator multiple source drug that is an oral solid
dosage form, the rebate obligation with respect to such
drug under this section shall be the amount computed
under this section for such new drug or, if greater, the
product of—
‘‘(i) the average manufacturer price of the line
extension of a single source drug or an innovator multiple source drug that is an oral solid dosage form;
‘‘(ii) the highest additional rebate (calculated as
a percentage of average manufacturer price) under this
section for any strength of the original single source
drug or innovator multiple source drug; and
‘‘(iii) the total number of units of each dosage
form and strength of the line extension product paid
for under the State plan in the rebate period (as
reported by the State).
In this subparagraph, the term ‘line extension’ means, with
respect to a drug, a new formulation of the drug, such
as an extended release formulation.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect as if included in the enactment of the Patient
Protection and Affordable Care Act.
Definition.
42 USC 1396r–8
note.
Subtitle D—Reducing Fraud, Waste, and
Abuse
SEC. 1301. COMMUNITY MENTAL HEALTH CENTERS.
(a) IN GENERAL.—Section 1861(ff)(3)(B) of the Social Security
Act (42 U.S.C. 1395x(ff)(3)(B)) is amended—
(1) in clause (ii), by striking ‘‘and’’ at the end;
(2) by redesignating clause (iii) as clause (iv); and
(3) by inserting after clause (ii) the following:
‘‘(iii) provides at least 40 percent of its services to individuals who are not eligible for benefits under this title; and’’.
(b) RESTRICTION.—Section 1861(ff)(3)(A) of such Act (42 U.S.C.
1395x(ff)(3)(A)) is amended by inserting ‘‘other than in an individual’s home or in an inpatient or residential setting’’ before the
period.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to items and services furnished on or after the first
day of the first calendar quarter that begins at least 12 months
after the date of the enactment of this Act.
Applicability.
42 USC 1395x
note.
SEC. 1302. MEDICARE PREPAYMENT MEDICAL REVIEW LIMITATIONS.
Section 1874A(h) of the Social Security Act (42 U.S.C. 1395w–
3a(h)) is repealed.
42 USC
1395kk–1.
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SEC. 1303. FUNDING TO FIGHT FRAUD, WASTE, AND ABUSE.
(a) FUNDING TO FIGHT FRAUD, WASTE, AND ABUSE.—
(1) IN GENERAL.—Section 1817(k) of the Social Security
Act 42 U.S.C. 1395i(k)), as amended by section 6402(i) of the
Patient Protection and Affordable Care Act, is further
amended—
(A) by adding at the end the following new paragraph:
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PUBL152
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42 USC 1396u–6.
PUBLIC LAW 111–152—MAR. 30, 2010
‘‘(8) ADDITIONAL FUNDING.—
‘‘(A) IN GENERAL.—In addition to the funds otherwise
appropriated to the Account from the Trust Fund under
paragraphs (3)(C) and (4)(A) and for purposes described
in paragraphs (3)(C) and (4)(A), there are hereby appropriated to such Account from such Trust Fund the following
additional amounts:
‘‘(i) For fiscal year 2011, $95,000,000.
‘‘(ii) For fiscal year 2012, $55,000,000.
‘‘(iii) For each of fiscal years 2013 and 2014,
$30,000,000.
‘‘(iv) For each of fiscal years 2015 and 2016,
$20,000,000.
‘‘(B) ALLOCATION.—The funds appropriated under this
paragraph shall be allocated in the same proportion as
the total funding appropriated with respect to paragraphs
(3)(A) and (4)(A) was allocated with respect to fiscal year
2010, and shall be available without further appropriation
until expended.’’; and
(B) in paragraph (4)(A), by inserting ‘‘for activities
described in paragraph (3)(C) and’’ after ‘‘necessary’’.
(b) MEDICAID INTEGRITY PROGRAM.—Section 1936(e)(1) of such
Act (42 U.S.C. 1396–u6(e)(1)) is amended—
(1) in subparagraph (B), by striking at the end ‘‘and’’;
(2) in subparagraph (C)—
(A) by striking ‘‘for each fiscal year thereafter’’ and
inserting ‘‘for each of fiscal years 2009 and 2010’’; and
(B) by striking the period and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) for each fiscal year after fiscal year 2010, the
amount appropriated under this paragraph for the previous
fiscal year, increased by the percentage increase in the
consumer price index for all urban consumers (all items;
United States city average) over the previous year.’’.
SEC. 1304. 90-DAY PERIOD OF ENHANCED OVERSIGHT FOR INITIAL
CLAIMS OF DME SUPPLIERS.
42 USC 1395cc.
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Determination.
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Section 1866(j), as amended by section 6401 of the Patient
Protection and Affordable Care Act, is further amended—
(1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; and
(2) by inserting after paragraph (3) the following new paragraph:
‘‘(4) 90-DAY PERIOD OF ENHANCED OVERSIGHT FOR INITIAL
CLAIMS OF DME SUPPLIERS.—For periods beginning after
January 1, 2011, if the Secretary determines that there is
a significant risk of fraudulent activity among suppliers of
durable medical equipment, in the case of a supplier of durable
medical equipment who is within a category or geographic
area under title XVIII identified pursuant to such determination and who is initially enrolling under such title, the Secretary
shall, notwithstanding sections 1816(c), 1842(c), and 1869(a)(2),
withhold payment under such title with respect to durable
medical equipment furnished by such supplier during the 90day period beginning on the date of the first submission of
a claim under such title for durable medical equipment furnished by such supplier.’’.
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PUBL152
PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1059
Subtitle E—Provisions Relating to
Revenue
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SEC. 1401. HIGH-COST PLAN EXCISE TAX.
(a) IN GENERAL.—Section 4980I of the Internal Revenue Code
of 1986, as added by section 9001 of the Patient Protection and
Affordable Care Act and amended by section 10901 of such Act,
is amended—
(1) in subsection (b)(3)(B)—
(A) by striking ‘‘The annual’’ and inserting the following:
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), the annual’’; and
(B) by adding at the end the following new clause:
‘‘(ii) MULTIEMPLOYER PLAN COVERAGE.—Any coverage provided under a multiemployer plan (as defined
in section 414(f)) shall be treated as coverage other
than self-only coverage.’’;
(2) in subsection (b)(3)(C)—
(A) by striking ‘‘Except as provided in subparagraph
(D)—’’;
(B) in clause (i)—
(i) by striking ‘‘2013’’ each place it appears in
the heading and the text and inserting ‘‘2018’’;
(ii) by striking ‘‘$8,500’’ in subclause (I) and
inserting ‘‘$10,200 multiplied by the health cost adjustment percentage (determined by only taking into
account self-only coverage)’’; and
(iii) by striking ‘‘$23,000’’ in subclause (II) and
inserting ‘‘$27,500 multiplied by the health cost adjustment percentage (determined by only taking into
account coverage other than self-only coverage)’’;
(C) by redesignating clauses (ii) and (iii) as clauses
(iv) and (v), respectively, and by inserting after clause
(i) the following new clauses:
‘‘(ii) HEALTH COST ADJUSTMENT PERCENTAGE.—For
purposes of clause (i), the health cost adjustment
percentage is equal to 100 percent plus the excess
(if any) of—
‘‘(I) the percentage by which the per employee
cost for providing coverage under the Blue Cross/
Blue Shield standard benefit option under the Federal Employees Health Benefits Plan for plan year
2018 (determined by using the benefit package
for such coverage in 2010) exceeds such cost for
plan year 2010, over
‘‘(II) 55 percent.
‘‘(iii) AGE AND GENDER ADJUSTMENT.—
‘‘(I) IN GENERAL.—The amount determined
under subclause (I) or (II) of clause (i), whichever
is applicable, for any taxable period shall be
increased by the amount determined under subclause (II).
‘‘(II) AMOUNT DETERMINED.—The amount
determined under this subclause is an amount
equal to the excess (if any) of—
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Ante, p. 848,
1015.
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PUBLIC LAW 111–152—MAR. 30, 2010
‘‘(aa) the premium cost of the Blue Cross/
Blue Shield standard benefit option under the
Federal Employees Health Benefits Plan for
the type of coverage provided such individual
in such taxable period if priced for the age
and gender characteristics of all employees of
the individual’s employer, over
‘‘(bb) that premium cost for the provision
of such coverage under such option in such
taxable period if priced for the age and gender
characteristics of the national workforce.’’.
(D) in clause (iv), as redesignated by subparagraph
(C)—
(i) by inserting ‘‘covered by the plan’’ after ‘‘whose
employees’’; and
(ii) by striking subclauses (I) and (II) and inserting
the following:
‘‘(I) the dollar amount in clause (i)(I) shall
be increased by $1,650, and
‘‘(II) the dollar amount in clause (i)(II) shall
be increased by $3,450,’’, and
(E) in clause (v), as redesignated by subparagraph
(C)—
(i) by striking ‘‘2013’’ and inserting ‘‘2018’’;
(ii) by striking ‘‘clauses (i) and (ii)’’ and inserting
‘‘clauses (i) (after the application of clause (ii)) and
(iv)’’; and
(iii) by inserting ‘‘in the case of determinations
for calendar years beginning before 2020’’ after ‘‘1
percentage point’’ in subclause (II) thereof;
(3) by striking subparagraph (D) of subsection (b)(3);
(4) in subsection (d)(1)(B), by redesignating clause (ii) as
clause (iii) and by inserting after clause (i) the following new
clause:
‘‘(ii) any coverage under a separate policy, certificate, or contract of insurance which provides benefits
substantially all of which are for treatment of the
mouth (including any organ or structure within the
mouth) or for treatment of the eye, or’’; and
(5) in subsection (d), by adding at the end the following
new paragraph:
‘‘(3) EMPLOYEE.—The term ‘employee’ includes any former
employee, surviving spouse, or other primary insured individual.’’.
(b) EFFECTIVE DATES.—
(1) Section 9001(c) of the Patient Protection and Affordable
Care Act is amended by striking ‘‘2012’’ and inserting ‘‘2017’’.
(2) Section 10901(c) of the Patient Protection and Affordable
Care Act is amended by striking ‘‘2012’’ and inserting ‘‘2017’’.
Ante, p. 853.
Ante, p. 1016.
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SEC. 1402. UNEARNED INCOME MEDICARE CONTRIBUTION.
(a) INVESTMENT INCOME.—
(1) IN GENERAL.—Subtitle A of the Internal Revenue Code
of 1986 is amended by inserting after chapter 2 the following
new chapter:
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PUBL152
PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1061
‘‘CHAPTER 2A—UNEARNED INCOME MEDICARE
CONTRIBUTION
‘‘Sec. 1411. Imposition of tax.
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‘‘SEC. 1411. IMPOSITION OF TAX.
‘‘(a) IN GENERAL.—Except as provided in subsection (e)—
‘‘(1) APPLICATION TO INDIVIDUALS.—In the case of an individual, there is hereby imposed (in addition to any other tax
imposed by this subtitle) for each taxable year a tax equal
to 3.8 percent of the lesser of—
‘‘(A) net investment income for such taxable year, or
‘‘(B) the excess (if any) of—
‘‘(i) the modified adjusted gross income for such
taxable year, over
‘‘(ii) the threshold amount.
‘‘(2) APPLICATION TO ESTATES AND TRUSTS.—In the case
of an estate or trust, there is hereby imposed (in addition
to any other tax imposed by this subtitle) for each taxable
year a tax of 3.8 percent of the lesser of—
‘‘(A) the undistributed net investment income for such
taxable year, or
‘‘(B) the excess (if any) of—
‘‘(i) the adjusted gross income (as defined in section
67(e)) for such taxable year, over
‘‘(ii) the dollar amount at which the highest tax
bracket in section 1(e) begins for such taxable year.
‘‘(b) THRESHOLD AMOUNT.—For purposes of this chapter, the
term ‘threshold amount’ means—
‘‘(1) in the case of a taxpayer making a joint return under
section 6013 or a surviving spouse (as defined in section 2(a)),
$250,000,
‘‘(2) in the case of a married taxpayer (as defined in section
7703) filing a separate return, 1⁄2 of the dollar amount determined under paragraph (1), and
‘‘(3) in any other case, $200,000.
‘‘(c) NET INVESTMENT INCOME.—For purposes of this chapter—
‘‘(1) IN GENERAL.—The term ‘net investment income’ means
the excess (if any) of—
‘‘(A) the sum of—
‘‘(i) gross income from interest, dividends, annuities, royalties, and rents, other than such income
which is derived in the ordinary course of a trade
or business not described in paragraph (2),
‘‘(ii) other gross income derived from a trade or
business described in paragraph (2), and
‘‘(iii) net gain (to the extent taken into account
in computing taxable income) attributable to the disposition of property other than property held in a trade
or business not described in paragraph (2), over
‘‘(B) the deductions allowed by this subtitle which are
properly allocable to such gross income or net gain.
‘‘(2) TRADES AND BUSINESSES TO WHICH TAX APPLIES.—A
trade or business is described in this paragraph if such trade
or business is—
‘‘(A) a passive activity (within the meaning of section
469) with respect to the taxpayer, or
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Definitions.
26 USC 1411.
PUBL152
124 STAT. 1062
Applicability.
Applicability.
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26 USC 6654.
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PUBLIC LAW 111–152—MAR. 30, 2010
‘‘(B) a trade or business of trading in financial
instruments or commodities (as defined in section
475(e)(2)).
‘‘(3) INCOME ON INVESTMENT OF WORKING CAPITAL SUBJECT
TO TAX.—A rule similar to the rule of section 469(e)(1)(B) shall
apply for purposes of this subsection.
‘‘(4) EXCEPTION FOR CERTAIN ACTIVE INTERESTS IN PARTNERSHIPS AND S CORPORATIONS.—In the case of a disposition of
an interest in a partnership or S corporation—
‘‘(A) gain from such disposition shall be taken into
account under clause (iii) of paragraph (1)(A) only to the
extent of the net gain which would be so taken into account
by the transferor if all property of the partnership or S
corporation were sold for fair market value immediately
before the disposition of such interest, and
‘‘(B) a rule similar to the rule of subparagraph (A)
shall apply to a loss from such disposition.
‘‘(5) EXCEPTION FOR DISTRIBUTIONS FROM QUALIFIED
PLANS.—The term ‘net investment income’ shall not include
any distribution from a plan or arrangement described in section 401(a), 403(a), 403(b), 408, 408A, or 457(b).
‘‘(6) SPECIAL RULE.—Net investment income shall not
include any item taken into account in determining self-employment income for such taxable year on which a tax is imposed
by section 1401(b).
‘‘(d) MODIFIED ADJUSTED GROSS INCOME.—For purposes of this
chapter, the term ‘modified adjusted gross income’ means adjusted
gross income increased by the excess of—
‘‘(1) the amount excluded from gross income under section
911(a)(1), over
‘‘(2) the amount of any deductions (taken into account
in computing adjusted gross income) or exclusions disallowed
under section 911(d)(6) with respect to the amounts described
in paragraph (1).
‘‘(e) NONAPPLICATION OF SECTION.—This section shall not apply
to—
‘‘(1) a nonresident alien, or
‘‘(2) a trust all of the unexpired interests in which are
devoted to one or more of the purposes described in section
170(c)(2)(B).’’.
(2) ESTIMATED TAXES.—Section 6654 of the Internal Revenue Code of 1986 is amended—
(A) in subsection (a), by striking ‘‘and the tax under
chapter 2’’ and inserting ‘‘the tax under chapter 2, and
the tax under chapter 2A’’; and
(B) in subsection (f)—
(i) by striking ‘‘minus’’ at the end of paragraph
(2) and inserting ‘‘plus’’; and
(ii) by redesignating paragraph (3) as paragraph
(4) and inserting after paragraph (2) the following new
paragraph:
‘‘(3) the taxes imposed by chapter 2A, minus’’.
(3) CLERICAL AMENDMENT.—The table of chapters for subtitle A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to chapter
2 the following new item:
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PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1063
‘‘CHAPTER 2A—UNEARNED INCOME MEDICARE CONTRIBUTION’’.
(4) EFFECTIVE DATES.—The amendments made by this subsection shall apply to taxable years beginning after December
31, 2012.
(b) EARNED INCOME.—
(1) THRESHOLD.—
(A) FICA.—Paragraph (2) of section 3101(b) of the
Internal Revenue Code of 1986, as added by section 9015
of the Patient Protection and Affordable Care Act and
amended by section 10906 of such Act, is amended by
striking ‘‘and’’ at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by
inserting after subparagraph (A) the following new
subparagraph:
‘‘(B) in the case of a married taxpayer (as defined
in section 7703) filing a separate return, 1⁄2 of the dollar
amount determined under subparagraph (A), and’’.
(B) SECA.—Section 1401(b)(2) of the Internal Revenue
Code of 1986, as added by section 9015 of the Patient
Protection and Affordable Care Act and amended by section
10906 of such Act, is amended—
(i) in subparagraph (A), by striking ‘‘and’’ at the
end of clause (i), by redesignating clause (ii) as clause
(iii), and by inserting after clause (i) the following
new clause:
‘‘(ii) in the case of a married taxpayer (as defined
in section 7703) filing a separate return, 1⁄2 of the
dollar amount determined under clause (i), and’’; and
(ii) in subparagraph (B), by striking ‘‘under clauses
(i) and (ii)’’ and inserting ‘‘under clause (i), (ii), or
(iii) (whichever is applicable)’’.
(2) ESTIMATED TAXES.—Section 6654 of the Internal Revenue Code of 1986 is amended by redesignating subsection
(m) as subsection (n) and by inserting after subsection (l) the
following new subsection:
‘‘(m) SPECIAL RULE FOR MEDICARE TAX.—For purposes of this
section, the tax imposed under section 3101(b)(2) (to the extent
not withheld) shall be treated as a tax imposed under chapter
2.’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to remuneration received, and
taxable years beginning after, December 31, 2012.
26 USC 1411
note.
26 USC 3101.
26 USC 1401.
26 USC 6654.
Applicability.
26 USC 1401
note.
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SEC. 1403. DELAY OF LIMITATION ON HEALTH FLEXIBLE SPENDING
ARRANGEMENTS UNDER CAFETERIA PLANS.
(a) IN GENERAL.—Section 10902(b) of the Patient Protection
and Affordable Care Act is amended by striking ‘‘December 31,
2010’’ and inserting ‘‘December 31, 2012’’.
(b) INFLATION ADJUSTMENT.—Paragraph (2) of section 125(i)
of the Internal Revenue Code of 1986, as added by section 9005
of the Patient Protection and Affordable Care Act and amended
by section 10902 of such Act, is amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘December 31, 2011’’ and inserting ‘‘December 31, 2013’’; and
(2) in subparagraph (B), by striking ‘‘2010’’ and inserting
‘‘2012’’.
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Ante, p. 1016.
Ante, p. 855,
1016.
PUBL152
124 STAT. 1064
PUBLIC LAW 111–152—MAR. 30, 2010
SEC. 1404. BRAND NAME PHARMACEUTICALS.
(a) IN GENERAL.—Section 9008 of the Patient Protection and
Affordable Care Act is amended—
(1) in subsection (a)(1), by striking ‘‘2009’’ and inserting
‘‘2010’’;
(2) in subsection (b)—
(A) by striking ‘‘$2,300,000,000’’ in paragraph (1) and
inserting ‘‘the applicable amount’’; and
(B) by adding at the end the following new paragraph:
‘‘(4) APPLICABLE AMOUNT.—For purposes of paragraph (1),
the applicable amount shall be determined in accordance with
the following table:
Ante, p. 859.
‘‘Calendar year
2011 ...............................................................................
2012 ...............................................................................
2013 ...............................................................................
2014 ...............................................................................
2015 ...............................................................................
2016 ...............................................................................
2017 ...............................................................................
2018 ...............................................................................
2019 and thereafter ......................................................
Applicable amount
$2,500,000,000
$2,800,000,000
$2,800,000,000
$3,000,000,000
$3,000,000,000
$3,000,000,000
$4,000,000,000
$4,100,000,000
$2,800,000,000.’’;
(3) in subsection (d), by adding at the end the following
new paragraph:
‘‘(3) JOINT AND SEVERAL LIABILITY.—If more than one person is liable for payment of the fee under subsection (a) with
respect to a single covered entity by reason of the application
of paragraph (2), all such persons shall be jointly and severally
liable for payment of such fee.’’; and
(4) by striking subsection (j) and inserting the following
new subsection:
‘‘(j) EFFECTIVE DATE.—This section shall apply to calendar years
beginning after December 31, 2010.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 9008 of the Patient Protection and Affordable Care Act.
26 USC 4001
note prec.
SEC. 1405. EXCISE TAX ON MEDICAL DEVICE MANUFACTURERS.
(a) IN GENERAL.—Chapter 32 of the Internal Revenue Code
of 1986 is amended—
(1) by inserting after subchapter D the following new subchapter:
‘‘Subchapter E—Medical Devices
26 USC 4191.
‘‘Sec. 4191. Medical devices.
‘‘SEC. 4191. MEDICAL DEVICES.
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Definition.
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‘‘(a) IN GENERAL.—There is hereby imposed on the sale of
any taxable medical device by the manufacturer, producer, or
importer a tax equal to 2.3 percent of the price for which so
sold.
‘‘(b) TAXABLE MEDICAL DEVICE.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘taxable medical device’ means
any device (as defined in section 201(h) of the Federal Food,
Drug, and Cosmetic Act) intended for humans.
‘‘(2) EXEMPTIONS.—Such term shall not include—
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124 STAT. 1065
‘‘(A) eyeglasses,
‘‘(B) contact lenses,
‘‘(C) hearing aids, and
‘‘(D) any other medical device determined by the Secretary to be of a type which is generally purchased by
the general public at retail for individual use.’’, and
(2) by inserting after the item relating to subchapter D
in the table of subchapters for such chapter the following new
item:
‘‘SUBCHAPTER E.
MEDICAL DEVICES’’.
(b) CERTAIN EXEMPTIONS NOT TO APPLY.—
(1) Section 4221(a) of the Internal Revenue Code of 1986
is amended by adding at the end the following new sentence:
‘‘In the case of the tax imposed by section 4191, paragraphs
(3), (4), (5), and (6) shall not apply.’’.
(2) Section 6416(b)(2) of such Code is amended by adding
at the end the following: ‘‘In the case of the tax imposed
by section 4191, subparagraphs (B), (C), (D), and (E) shall
not apply.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to sales after December 31, 2012.
(d) REPEAL OF SECTION 9009 OF THE PATIENT PROTECTION
AND AFFORDABLE CARE ACT.—Section 9009 of the Patient Protection
and Affordable Care Act, as amended by section 10904 of such
Act, is repealed effective as of the date of enactment of that Act.
26 USC 4221.
26 USC 6416.
26 USC 4191
note.
Effective date.
Ante, p. 862,
1016.
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SEC. 1406. HEALTH INSURANCE PROVIDERS.
(a) IN GENERAL.—Section 9010 of the Patient Protection and
Affordable Care Act, as amended by section 10905 of such Act,
is amended—
(1) in subsection (a)(1), by striking ‘‘2010’’ and inserting
‘‘2013’’;
(2) in subsection (b)(2)—
(A) by striking ‘‘For purposes of paragraph (1), the
net premiums’’ and inserting ‘‘For purposes of paragraph
(1)—
‘‘(A) IN GENERAL.—The net premiums’’; and
(B) by adding at the end the following subparagraph:
‘‘(B) PARTIAL EXCLUSION FOR CERTAIN EXEMPT ACTIVITIES.—After the application of subparagraph (A), only 50
percent of the remaining net premiums written with respect
to health insurance for any United States health risk that
are attributable to the activities (other than activities of
an unrelated trade or business as defined in section 513
of the Internal Revenue Code of 1986) of any covered
entity qualifying under paragraph (3), (4), (26), or (29)
of section 501(c) of such Code and exempt from tax under
section 501(a) of such Code shall be taken into account.’’;
(3) in subsection (c)—
(A) by inserting ‘‘during the calendar year in which
the fee under this section is due’’ in paragraph (1) after
‘‘risk’’;
(B) in paragraph (2), by striking subparagraphs (C),
(D), and (E) and inserting the following new subparagraphs:
‘‘(C) any entity—
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Ante, p. 865,
1017.
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PUBLIC LAW 111–152—MAR. 30, 2010
‘‘(i) which is incorporated as a nonprofit corporation under a State law,
‘‘(ii) no part of the net earnings of which inures
to the benefit of any private shareholder or individual,
no substantial part of the activities of which is carrying
on propaganda, or otherwise attempting, to influence
legislation (except as otherwise provided in section
501(h) of the Internal Revenue Code of 1986), and
which does not participate in, or intervene in (including
the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any
candidate for public office, and
‘‘(iii) more than 80 percent of the gross revenues
of which is received from government programs that
target low-income, elderly, or disabled populations
under titles XVIII, XIX, and XXI of the Social Security
Act, and
‘‘(D) any entity which is described in section 501(c)(9)
of such Code and which is established by an entity (other
than by an employer or employers) for purposes of providing
health care benefits.’’;
(C) in paragraph (3)(A), by striking ‘‘subparagraph
(C)(i)(I), (D)(i)(I), or (E)(i)’’ and inserting ‘‘subparagraph
(C) or (D)’’; and
(D) by adding at the end the following new paragraph:
‘‘(4) JOINT AND SEVERAL LIABILITY.—If more than one person is liable for payment of the fee under subsection (a) with
respect to a single covered entity by reason of the application
of paragraph (3), all such persons shall be jointly and severally
liable for payment of such fee.’’;
(4) by striking subsection (e) and inserting the following:
‘‘(e) APPLICABLE AMOUNT.—For purposes of subsection (b)(1)—
‘‘(1) YEARS BEFORE 2019.—In the case of calendar years
beginning before 2019, the applicable amount shall be determined in accordance with the following table:
Determination.
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‘‘Calendar year
2014 ...............................................................................
2015 ...............................................................................
2016 ...............................................................................
2017 ...............................................................................
2018 ...............................................................................
Applicable amount
$8,000,000,000
$11,300,000,000
$11,300,000,000
$13,900,000,000
$14,300,000,000.
‘‘(2) YEARS AFTER 2018.—In the case of any calendar year
beginning after 2018, the applicable amount shall be the
applicable amount for the preceding calendar year increased
by the rate of premium growth (within the meaning of section
36B(b)(3)(A)(ii) of the Internal Revenue Code of 1986) for such
preceding calendar year.’’;
(5) in subsection (g), by adding at the end the following
new paragraphs:
‘‘(3) ACCURACY-RELATED PENALTY.—
‘‘(A) IN GENERAL.—In the case of any understatement
of a covered entity’s net premiums written with respect
to health insurance for any United States health risk for
any calendar year, there shall be paid by the covered
entity making such understatement, an amount equal to
the excess of—
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124 STAT. 1067
‘‘(i) the amount of the covered entity’s fee under
this section for the calendar year the Secretary determines should have been paid in the absence of any
such understatement, over
‘‘(ii) the amount of such fee the Secretary determined based on such understatement.
‘‘(B) UNDERSTATEMENT.—For purposes of this paragraph, an understatement of a covered entity’s net premiums written with respect to health insurance for any
United States health risk for any calendar year is the
difference between the amount of such net premiums written as reported on the return filed by the covered entity
under paragraph (1) and the amount of such net premiums
written that should have been reported on such return.
‘‘(C) TREATMENT OF PENALTY.—The penalty imposed
under subparagraph (A) shall be subject to the provisions
of subtitle F of the Internal Revenue Code of 1986 that
apply to assessable penalties imposed under chapter 68
of such Code.
‘‘(4) TREATMENT OF INFORMATION.—Section 6103 of the
Internal Revenue Code of 1986 shall not apply to any information reported under this subsection.’’; and
(6) by striking subsection (j) and inserting the following
new subsection:
‘‘(j) EFFECTIVE DATE.—This section shall apply to calendar years
beginning after December 31, 2013.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in section 9010 of the Patient Protection and Affordable Care Act.
26 USC 4001
note prec.
SEC. 1407. DELAY OF ELIMINATION OF DEDUCTION FOR EXPENSES
ALLOCABLE TO MEDICARE PART D SUBSIDY.
Section 9012(b) of the Patient Protection and Affordable Care
Act is amended by striking ‘‘2010’’ and inserting ‘‘2012’’.
Ante, p. 868.
SEC. 1408. ELIMINATION OF UNINTENDED APPLICATION OF CELLULOSIC BIOFUEL PRODUCER CREDIT.
(a) IN GENERAL.—Section 40(b)(6)(E) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
clause:
‘‘(iii) EXCLUSION OF UNPROCESSED FUELS.—The
term ‘cellulosic biofuel’ shall not include any fuel if—
‘‘(I) more than 4 percent of such fuel (determined by weight) is any combination of water and
sediment, or
‘‘(II) the ash content of such fuel is more than
1 percent (determined by weight).’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to fuels sold or used on or after January 1, 2010.
26 USC 40.
26 USC 40 note.
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SEC. 1409. CODIFICATION OF ECONOMIC SUBSTANCE DOCTRINE AND
PENALTIES.
(a) IN GENERAL.—Section 7701 of the Internal Revenue Code
of 1986 is amended by redesignating subsection (o) as subsection
(p) and by inserting after subsection (n) the following new subsection:
‘‘(o) CLARIFICATION OF ECONOMIC SUBSTANCE DOCTRINE.—
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26 USC 7701.
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Regulations.
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Applicability.
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PUBLIC LAW 111–152—MAR. 30, 2010
‘‘(1) APPLICATION OF DOCTRINE.—In the case of any transaction to which the economic substance doctrine is relevant,
such transaction shall be treated as having economic substance
only if—
‘‘(A) the transaction changes in a meaningful way
(apart from Federal income tax effects) the taxpayer’s economic position, and
‘‘(B) the taxpayer has a substantial purpose (apart
from Federal income tax effects) for entering into such
transaction.
‘‘(2) SPECIAL RULE WHERE TAXPAYER RELIES ON PROFIT
POTENTIAL.—
‘‘(A) IN GENERAL.—The potential for profit of a transaction shall be taken into account in determining whether
the requirements of subparagraphs (A) and (B) of paragraph (1) are met with respect to the transaction only
if the present value of the reasonably expected pre-tax
profit from the transaction is substantial in relation to
the present value of the expected net tax benefits that
would be allowed if the transaction were respected.
‘‘(B) TREATMENT OF FEES AND FOREIGN TAXES.—Fees
and other transaction expenses shall be taken into account
as expenses in determining pre-tax profit under subparagraph (A). The Secretary shall issue regulations requiring
foreign taxes to be treated as expenses in determining
pre-tax profit in appropriate cases.
‘‘(3) STATE AND LOCAL TAX BENEFITS.—For purposes of paragraph (1), any State or local income tax effect which is related
to a Federal income tax effect shall be treated in the same
manner as a Federal income tax effect.
‘‘(4) FINANCIAL ACCOUNTING BENEFITS.—For purposes of
paragraph (1)(B), achieving a financial accounting benefit shall
not be taken into account as a purpose for entering into a
transaction if the origin of such financial accounting benefit
is a reduction of Federal income tax.
‘‘(5) DEFINITIONS AND SPECIAL RULES.—For purposes of this
subsection—
‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The term ‘economic substance doctrine’ means the common law doctrine
under which tax benefits under subtitle A with respect
to a transaction are not allowable if the transaction does
not have economic substance or lacks a business purpose.
‘‘(B) EXCEPTION FOR PERSONAL TRANSACTIONS OF
INDIVIDUALS.—In the case of an individual, paragraph (1)
shall apply only to transactions entered into in connection
with a trade or business or an activity engaged in for
the production of income.
‘‘(C) DETERMINATION OF APPLICATION OF DOCTRINE NOT
AFFECTED.—The determination of whether the economic
substance doctrine is relevant to a transaction shall be
made in the same manner as if this subsection had never
been enacted.
‘‘(D) TRANSACTION.—The term ‘transaction’ includes a
series of transactions.’’.
(b) PENALTY FOR UNDERPAYMENTS ATTRIBUTABLE TO TRANSACTIONS LACKING ECONOMIC SUBSTANCE.—
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PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1069
(1) IN GENERAL.—Subsection (b) of section 6662 is amended
by inserting after paragraph (5) the following new paragraph:
‘‘(6) Any disallowance of claimed tax benefits by reason
of a transaction lacking economic substance (within the
meaning of section 7701(o)) or failing to meet the requirements
of any similar rule of law.’’.
(2) INCREASED PENALTY FOR NONDISCLOSED TRANSACTIONS.—Section 6662 is amended by adding at the end the
following new subsection:
‘‘(i) INCREASE IN PENALTY IN CASE OF NONDISCLOSED NONECONOMIC SUBSTANCE TRANSACTIONS.—
‘‘(1) IN GENERAL.—In the case of any portion of an underpayment which is attributable to one or more nondisclosed
noneconomic substance transactions, subsection (a) shall be
applied with respect to such portion by substituting ‘40 percent’
for ‘20 percent’.
‘‘(2) NONDISCLOSED NONECONOMIC SUBSTANCE TRANSACTIONS.—For purposes of this subsection, the term ‘nondisclosed noneconomic substance transaction’ means any portion
of a transaction described in subsection (b)(6) with respect
to which the relevant facts affecting the tax treatment are
not adequately disclosed in the return nor in a statement
attached to the return.
‘‘(3) SPECIAL RULE FOR AMENDED RETURNS.—In no event
shall any amendment or supplement to a return of tax be
taken into account for purposes of this subsection if the amendment or supplement is filed after the earlier of the date the
taxpayer is first contacted by the Secretary regarding the examination of the return or such other date as is specified by
the Secretary.’’.
(3) CONFORMING AMENDMENT.—Subparagraph (B) of section
6662A(e)(2) is amended—
(A) by striking ‘‘section 6662(h)’’ and inserting ‘‘subsections (h) or (i) of section 6662’’; and
(B) by striking ‘‘GROSS VALUATION MISSTATEMENT PENALTY’’ in the heading and inserting ‘‘CERTAIN INCREASED
UNDERPAYMENT PENALTIES’’.
(c) REASONABLE CAUSE EXCEPTION NOT APPLICABLE TO NONECONOMIC SUBSTANCE TRANSACTIONS.—
(1) REASONABLE CAUSE EXCEPTION FOR UNDERPAYMENTS.—
Subsection (c) of section 6664 is amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(B) by striking ‘‘paragraph (2)’’ in paragraph (4)(A),
as so redesignated, and inserting ‘‘paragraph (3)’’; and
(C) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any portion of an underpayment which is attributable to one or more
transactions described in section 6662(b)(6).’’.
(2) REASONABLE CAUSE EXCEPTION FOR REPORTABLE TRANSACTION UNDERSTATEMENTS.—Subsection (d) of section 6664 is
amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(B) by striking ‘‘paragraph (2)(C)’’ in paragraph (4),
as so redesignated, and inserting ‘‘paragraph (3)(C)’’; and
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26 USC 6662.
Applicability.
Definition.
26 USC 6662A.
26 USC 6664.
PUBL152
124 STAT. 1070
26 USC 6676.
Applicability.
26 USC 6662
note.
26 USC 6655
note.
PUBLIC LAW 111–152—MAR. 30, 2010
(C) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to any portion of a reportable transaction understatement which is attributable to one or more transactions described in section
6662(b)(6).’’.
(d) APPLICATION OF PENALTY FOR ERRONEOUS CLAIM FOR
REFUND OR CREDIT TO NONECONOMIC SUBSTANCE TRANSACTIONS.—
Section 6676 is amended by redesignating subsection (c) as subsection (d) and inserting after subsection (b) the following new
subsection:
‘‘(c) NONECONOMIC SUBSTANCE TRANSACTIONS TREATED AS
LACKING REASONABLE BASIS.—For purposes of this section, any
excessive amount which is attributable to any transaction described
in section 6662(b)(6) shall not be treated as having a reasonable
basis.’’.
(e) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as otherwise provided in this subsection, the amendments made by this section shall apply to
transactions entered into after the date of the enactment of
this Act.
(2) UNDERPAYMENTS.—The amendments made by subsections (b) and (c)(1) shall apply to underpayments attributable
to transactions entered into after the date of the enactment
of this Act.
(3) UNDERSTATEMENTS.—The amendments made by subsection (c)(2) shall apply to understatements attributable to
transactions entered into after the date of the enactment of
this Act.
(4) REFUNDS AND CREDITS.—The amendment made by subsection (d) shall apply to refunds and credits attributable to
transactions entered into after the date of the enactment of
this Act.
SEC. 1410. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
The percentage under paragraph (1) of section 202(b) of the
Corporate Estimated Tax Shift Act of 2009 in effect on the date
of the enactment of this Act is increased by 15.75 percentage
points.
Subtitle F—Other Provisions
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SEC. 1501. COMMUNITY COLLEGE AND CAREER TRAINING GRANT PROGRAM.
Section 279(b) of the Trade Act of 1974 (19 U.S.C. 2372a(b))
is amended by striking ‘‘SUPPLEMENT’’ and all that follows through
‘‘Funds’’ and inserting ‘‘There are’’ and by striking ‘‘pursuant’’ and
all that follows and inserting ‘‘$500,000,000 for each of fiscal years
2011, 2012, 2013, and 2014 to carry out this subchapter, except
that the limitations contained in section 278(a)(2) shall not apply
to such funds and each State shall receive not less than 0.5 percent
of the amount appropriated pursuant to this subsection for each
such fiscal year.’’.
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PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1071
TITLE II—EDUCATION AND HEALTH
Subtitle A—Education
SAFRA Act.
SEC. 2001. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This subtitle may be cited as the ‘‘SAFRA
Act’’.
(b) REFERENCES.—Except as otherwise expressly provided,
whenever in this subtitle an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section
or other provision of the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.).
20 USC 1001
note.
PART I—INVESTING IN STUDENTS AND
FAMILIES
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SEC. 2101. FEDERAL PELL GRANTS.
(a) AMOUNT OF GRANTS.—Section 401(b) (20 U.S.C. 1070a(b))
is amended—
(1) by amending paragraph (2)(A) to read as follows:
‘‘(A) The amount of the Federal Pell Grant for a student
eligible under this part shall be—
‘‘(i) the maximum Federal Pell Grant, as specified
in the last enacted appropriation Act applicable to
that award year, plus
‘‘(ii) the amount of the increase calculated under
paragraph (8)(B) for that year, less
‘‘(iii) an amount equal to the amount determined
to be the expected family contribution with respect
to that student for that year.’’; and
(2) in paragraph (8)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i), by striking
‘‘, to carry out subparagraph (B) of this paragraph’’;
and
(ii) by striking clauses (iii) through (x) and
inserting the following:
‘‘(iii) to carry out subparagraph (B) of this paragraph, such sums as may be necessary for fiscal year
2010 and each subsequent fiscal year to provide the
amount of increase of the maximum Federal Pell Grant
required by clauses (ii) and (iii) of subparagraph (B);
and
‘‘(iv) to carry out this section, $13,500,000,000 for
fiscal year 2011.’’;
(B) in subparagraph (B)—
(i) in the matter preceding clause (i), by striking
‘‘subparagraph (A)’’ and inserting ‘‘clauses (i) through
(iii) of subparagraph (A)’’;
(ii) in clause (ii), by striking ‘‘and 2011–2012’’ and
inserting ‘‘, 2011–2012, and 2012–2013’’; and
(iii) by striking clause (iii) and inserting the following:
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124 STAT. 1072
PUBLIC LAW 111–152—MAR. 30, 2010
‘‘(iii) the amount determined under subparagraph
(C) for each succeeding award year.’’; and
(C) by striking subparagraph (C) and inserting the
following:
‘‘(C) ADJUSTMENT AMOUNTS.—
‘‘(i) AWARD YEAR 2013–2014.—For award year 2013–
2014, the amount determined under this subparagraph
for purposes of subparagraph (B)(iii) shall be equal
to—
‘‘(I) $5,550 or the total maximum Federal Pell
Grant for the preceding award year (as determined
under clause (v)(II)), whichever is greater,
increased by a percentage equal to the annual
adjustment percentage for award year 2013–2014,
reduced by
‘‘(II) $4,860 or the maximum Federal Pell
Grant for which a student was eligible for the
preceding award year, as specified in the last
enacted appropriation Act applicable to that year,
whichever is greater; and
‘‘(III) rounded to the nearest $5.
‘‘(ii) AWARD YEARS 2014–2015 THROUGH 2017–2018.—
For each of the award years 2014–2015 through 2017–
2018, the amount determined under this subparagraph
for purposes of subparagraph (B)(iii) shall be equal
to—
‘‘(I) the total maximum Federal Pell Grant
for the preceding award year (as determined under
clause (v)(II)), increased by a percentage equal to
the annual adjustment percentage for the award
year for which the amount under this subparagraph is being determined, reduced by
‘‘(II) $4,860 or the maximum Federal Pell
Grant for which a student was eligible for the
preceding award year, as specified in the last
enacted appropriation Act applicable to that year,
whichever is greater; and
‘‘(III) rounded to the nearest $5.
‘‘(iii) SUBSEQUENT AWARD YEARS.—For award year
2018–2019 and each subsequent award year, the
amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to the
amount determined under clause (ii) for award year
2017–2018.
‘‘(iv) DEFINITIONS.—For purposes of this subparagraph—
‘‘(I) the term ‘annual adjustment percentage’
as applied to an award year, is equal to the estimated percentage change in the Consumer Price
Index (as determined by the Secretary, using the
definition in section 478(f)) for the most recent
calendar year ending prior to the beginning of
that award year; and
‘‘(II) the term ‘total maximum Federal Pell
Grant’ as applied to a preceding award year, is
equal to the sum of—
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‘‘(aa) the maximum Federal Pell Grant
for which a student is eligible during an award
year, as specified in the last enacted appropriation Act applicable to that preceding
award year; and
‘‘(bb) the amount of the increase in the
maximum Federal Pell Grant required by this
paragraph for that preceding award year.’’.
(b) CONFORMING AMENDMENTS.—Title IV (20 U.S.C. 1070 et
seq.) is further amended—
(1) in section 401(b) (20 U.S.C. 1070a(b))—
(A) in paragraph (4)—
(i) by striking ‘‘maximum basic grant level specified in the appropriate appropriation Act’’ and inserting
‘‘maximum amount of a Federal Pell Grant award
determined under paragraph (2)(A)’’; and
(ii) by striking ‘‘such level’’ each place it appears
and inserting ‘‘such Federal Pell Grant amount’’ in
each such place; and
(B) in paragraph (6), by striking ‘‘the grant level specified in the appropriate Appropriation Act for this subpart
for such year’’ and inserting ‘‘the maximum amount of
a Federal Pell Grant award determined under paragraph
(2)(A), for which a student is eligible during such award
year’’;
(2) in section 402D(d)(1) (20 U.S.C. 1070a–14(d)(1)), by
striking ‘‘exceed the maximum’’ and all that follows through
‘‘Grant, for’’ and inserting ‘‘exceed the Federal Pell Grant
amount, determined under section 401(b)(2)(A), for which a
student is eligible, or be less than the minimum Federal Pell
Grant amount described in section 401(b)(4), for’’;
(3) in section 435(a)(5)(A)(i)(I) (20 U.S.C. 1085(a)(5)(A)(i)(I)),
by striking ‘‘one-half the maximum Federal Pell Grant award
for which a student would be eligible’’ and inserting ‘‘onehalf the Federal Pell Grant amount, determined under section
401(b)(2)(A), for which a student would be eligible’’;
(4) in section 483(e)(3)(A)(ii) (20 U.S.C. 1090(e)(3)(A)(ii)),
by striking ‘‘based on the maximum Federal Pell Grant award
at the time of application’’ and inserting ‘‘based on the Federal
Pell Grant amount, determined under section 401(b)(2)(A), for
which a student is eligible at the time of application’’;
(5) in section 485E(b)(1)(A) (20 U.S.C. 1092f(b)(1)(A)), by
striking ‘‘of such students’ potential eligibility for a maximum
Federal Pell Grant under subpart 1 of part A’’ and inserting
‘‘of such students’ potential eligibility for the Federal Pell Grant
amount, determined under section 401(b)(2)(A), for which the
student would be eligible’’; and
(6)
in
section
894(f)(2)(C)(ii)(I)
(20
U.S.C.
1161y(f)(2)(C)(ii)(I)), by striking ‘‘the maximum Federal Pell
Grant for each award year’’ and inserting ‘‘the Federal Pell
Grant amount, determined under section 401(b)(2)(A), for which
a student may be eligible for each award year’’.
(c) EFFECTIVE DATE.—The amendments made by subsections
(a) and (b) shall take effect on July 1, 2010.
20 USC 1070a
note.
SEC. 2102. COLLEGE ACCESS CHALLENGE GRANT PROGRAM.
Section 781 (20 U.S.C. 1141) is amended—
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PUBLIC LAW 111–152—MAR. 30, 2010
(1) in the first sentence of subsection (a), by striking
‘‘$66,000,000’’ and all that follows through the period and
inserting ‘‘$150,000,000 for each of the fiscal years 2010 through
2014. The authority to award grants under this section shall
expire at the end of fiscal year 2014.’’; and
(2) in subsection (c)(2), by striking ‘‘0.5 percent’’ and
inserting ‘‘1.0 percent’’.
SEC. 2103. INVESTMENT IN HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND MINORITY-SERVING INSTITUTIONS.
Expiration date.
Section 371(b)(1)(A) (20 U.S.C. 1067q(b)(1)(A)) is amended by
striking ‘‘and 2009.’’ and all that follows and inserting ‘‘through
2019. The authority to award grants under this section shall expire
at the end of fiscal year 2019.’’.
PART II—STUDENT LOAN REFORM
SEC. 2201. TERMINATION OF FEDERAL FAMILY EDUCATION LOAN
APPROPRIATIONS.
Section 421 (20 U.S.C. 1071) is amended—
(1) in subsection (b), in the first sentence of the matter
following paragraph (6), by inserting ‘‘, except that no sums
may be expended after June 30, 2010, with respect to loans
under this part for which the first disbursement is after such
date’’ after ‘‘expended’’; and
(2) by adding at the end the following new subsection:
‘‘(d) TERMINATION OF AUTHORITY TO MAKE OR INSURE NEW
LOANS.—Notwithstanding paragraphs (1) through (6) of subsection
(b) or any other provision of law—
‘‘(1) no new loans (including consolidation loans) may be
made or insured under this part after June 30, 2010; and
‘‘(2) no funds are authorized to be appropriated, or may
be expended, under this Act or any other Act to make or
insure loans under this part (including consolidation loans)
for which the first disbursement is after June 30, 2010,
except as expressly authorized by an Act of Congress enacted after
the date of enactment of the SAFRA Act.’’.
SEC. 2202. TERMINATION OF FEDERAL LOAN INSURANCE PROGRAM.
Section 424(a) (20 U.S.C. 1074(a)) is amended by striking ‘‘September 30, 1976,’’ and all that follows and inserting ‘‘September
30, 1976, for each of the succeeding fiscal years ending prior to
October 1, 2009, and for the period from October 1, 2009, to June
30, 2010, for loans first disbursed on or before June 30, 2010.’’.
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SEC. 2203. TERMINATION OF APPLICABLE INTEREST RATES.
Section 427A(l) (20 U.S.C. 1077a(l)) is amended—
(1) in the subsection heading, by inserting ‘‘AND BEFORE
JULY 1, 2010’’ after ‘‘2006’’;
(2) in paragraph (1), by inserting ‘‘and before July 1, 2010,’’
after ‘‘July 1, 2006,’’;
(3) in paragraph (2), by inserting ‘‘and before July 1, 2010,’’
after ‘‘July 1, 2006,’’;
(4) in paragraph (3), by inserting ‘‘and that was disbursed
before July 1, 2010,’’ after ‘‘July 1, 2006,’’; and
(5) in paragraph (4)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘July 1, 2012’’ and inserting ‘‘July 1, 2010’’; and
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(B) by repealing subparagraphs (D) and (E).
SEC. 2204. TERMINATION OF FEDERAL PAYMENTS TO REDUCE STUDENT INTEREST COSTS.
(a) HIGHER EDUCATION ACT OF 1965.—Section 428 (20 U.S.C.
1078) is amended—
(1) in subsection (a)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘‘for which the first disbursement
is made before July 1, 2010, and’’ after ‘‘eligible institution’’;
and
(B) in paragraph (5), by striking ‘‘September 30, 2014,’’
and all that follows through the period and inserting ‘‘June
30, 2010.’’;
(2) in subsection (b)(1)—
(A) in subparagraph (G)(ii), by inserting ‘‘and before
July 1, 2010,’’ after ‘‘July 1, 2006,’’; and
(B) in subparagraph (H)(ii), by inserting ‘‘and that
are first disbursed before July 1, 2010,’’ after ‘‘July 1,
2006,’’;
(3) in subsection (f)(1)(A)(ii)—
(A) by striking ‘‘during fiscal years beginning’’; and
(B) by inserting ‘‘and first disbursed before July 1,
2010,’’ after ‘‘October 1, 2003,’’; and
(4) in subsection (j)(1), by inserting ‘‘, before July 1, 2010,’’
after ‘‘section 435(d)(1)(D) of this Act shall’’.
(b) COLLEGE COST REDUCTION AND ACCESS ACT.—Section 303
of the College Cost Reduction and Access Act (Public Law 110–
84) is repealed.
20 USC 1078 and
note.
SEC. 2205. TERMINATION OF FFEL PLUS LOANS.
Section 428B(a)(1) (20 U.S.C. 1078–2(a)(1)) is amended by
striking ‘‘A graduate’’ and inserting ‘‘Prior to July 1, 2010, a graduate’’.
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SEC. 2206. FEDERAL CONSOLIDATION LOANS.
(a) IN GENERAL.—Section 428C (20 U.S.C. 1078–3) is
amended—
(1) in subsection (a)(4)(A), by inserting ‘‘, and first disbursed
before July 1, 2010’’ after ‘‘under this part’’;
(2) in subsection (b)—
(A) in paragraph (1)(E), by inserting before the semicolon ‘‘, and before July 1, 2010’’; and
(B) in paragraph (5), by striking ‘‘In the event that’’
and inserting ‘‘If, before July 1, 2010,’’;
(3) in subsection (c)(1)—
(A) in subparagraph (A)(ii), by inserting ‘‘and that is
disbursed before July 1, 2010,’’ after ‘‘2006,’’; and
(B) in subparagraph (C), by inserting ‘‘and disbursed
before July 1, 2010,’’ after ‘‘1994,’’; and
(4) in subsection (e), by striking ‘‘September 30, 2014.’’
and inserting ‘‘June 30, 2010. No loan may be made under
this section for which the disbursement is on or after July
1, 2010.’’.
(b) TEMPORARY LOAN CONSOLIDATION AUTHORITY.—Part D of
title IV (20 U.S.C. 1087a et seq.) is amended by inserting after
section 459A (20 U.S.C. 1087i) the following:
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20 USC 1087i–2.
Applicability.
PUBLIC LAW 111–152—MAR. 30, 2010
‘‘SEC. 459B. TEMPORARY LOAN CONSOLIDATION AUTHORITY.
‘‘(a) TEMPORARY LOAN CONSOLIDATION AUTHORITY.—
‘‘(1) IN GENERAL.—A borrower who has 1 or more loans
in 2 or more of the categories described in paragraph (2),
and who has not yet entered repayment on 1 or more of those
loans in any of the categories, may consolidate all of the loans
of the borrower that are described in paragraph (2) into a
Federal Direct Consolidation Loan during the period described
in paragraph (3).
‘‘(2) CATEGORIES OF LOANS THAT MAY BE CONSOLIDATED.—
The categories of loans that may be consolidated under paragraph (1) are—
‘‘(A) loans made under this part;
‘‘(B) loans purchased by the Secretary pursuant to
section 459A; and
‘‘(C) loans made under part B that are held by an
eligible lender, as such term is defined in section 435(d).
‘‘(3) TIME PERIOD IN WHICH LOANS MAY BE CONSOLIDATED.—
The Secretary may make a Federal Direct Consolidation Loan
under this section to a borrower whose application for such
Federal Direct Consolidation Loan is received on or after July
1, 2010, and before July 1, 2011.
‘‘(b) TERMS OF LOANS.—A Federal Direct Consolidation Loan
made under this section shall have the same terms and conditions
as a Federal Direct Consolidation Loan made under section 455(g),
except that—
‘‘(1) in determining the applicable rate of interest on the
Federal Direct Consolidation Loan made under this section
(other than on a Federal Direct Consolidation Loan described
in paragraph (2)), section 427A(l)(3) shall be applied without
rounding the weighted average of the interest rate on the
loans consolidated to the nearest higher one-eighth of 1 percent
as described in subparagraph (A) of section 427A(l)(3); and
‘‘(2) if a Federal Direct Consolidation Loan made under
this section that repays a loan which is subject to an interest
rate determined under section 427A(g)(2), (j)(2), or (k)(2), then
the interest rate for such Federal Direct Consolidation Loan
shall be calculated—
‘‘(A) by using the applicable rate of interest described
in section 427A(g)(2), (j)(2), or (k)(2), respectively; and
‘‘(B) in accordance with section 427A(l)(3).’’.
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SEC. 2207. TERMINATION OF UNSUBSIDIZED STAFFORD LOANS FOR
MIDDLE-INCOME BORROWERS.
Section 428H (20 U.S.C. 1078–8) is amended—
(1) in subsection (a), by inserting ‘‘that are first disbursed
before July 1, 2010,’’ after ‘‘under this part’’;
(2) in subsection (b)—
(A) by striking ‘‘Any student’’ and inserting ‘‘Prior to
July 1, 2010, any student’’; and
(B) by inserting ‘‘for which the first disbursement is
made before such date’’ after ‘‘unsubsidized Federal Stafford Loan’’; and
(3) in subsection (h), by inserting ‘‘and that are first disbursed before July 1, 2010,’’ after ‘‘July 1, 2006,’’.
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SEC. 2208. TERMINATION OF SPECIAL ALLOWANCES.
Section 438 (20 U.S.C. 1087–1) is amended—
(1) in subsection (b)(2)(I)—
(A) in the subclause heading, by inserting ‘‘, AND
BEFORE JULY 1, 2010’’ after ‘‘2000’’;
(B) in clause (i), by inserting ‘‘and before July 1, 2010,’’
after ‘‘2000,’’;
(C) in clause (ii)(II), by inserting ‘‘and before July
1, 2010,’’ after ‘‘2006,’’;
(D) in clause (iii), by inserting ‘‘and before July 1,
2010,’’ after ‘‘2000,’’;
(E) in clause (iv), by inserting ‘‘and that is disbursed
before July 1, 2010,’’ after ‘‘2000,’’;
(F) in clause (v)(I), by inserting ‘‘and before July 1,
2010,’’ after ‘‘2006,’’; and
(G) in clause (vi)—
(i) in the clause heading, by inserting ‘‘, AND
BEFORE JULY 1, 2010’’ after ‘‘2007’’; and
(ii) in the matter preceding subclause (I), by
inserting ‘‘and before July 1, 2010,’’ after ‘‘2007,’’;
(2) in subsection (c)—
(A) in paragraph (2)(B)—
(i) in clause (iii), by inserting ‘‘and’’ after the semicolon;
(ii) in clause (iv), by striking ‘‘; and’’ and inserting
a period; and
(iii) by striking clause (v); and
(B) in paragraph (6), by inserting ‘‘and first disbursed
before July 1, 2010,’’ after ‘‘1992,’’; and
(3) in subsection (d)(2)(B), by inserting ‘‘, and before July
1, 2010’’ after ‘‘2007’’.
SEC. 2209. ORIGINATION OF DIRECT LOANS AT INSTITUTIONS OUTSIDE
THE UNITED STATES.
(a) LOANS FOR STUDENTS ATTENDING INSTITUTIONS OUTSIDE
UNITED STATES.—Section 452 (20 U.S.C. 1087b) is amended
by adding at the end the following:
‘‘(d) INSTITUTIONS OUTSIDE THE UNITED STATES.—Loan funds
for students (and parents of students) attending institutions outside
the United States shall be disbursed through a financial institution
located or operating in the United States and designated by the
Secretary to serve as the agent of such institutions with respect
to the receipt of the disbursements of such loan funds and the
transfer of such funds to such institutions. To be eligible to receive
funds under this part, an institution outside the United States
shall make arrangements with the agent designated by the Secretary under this subsection to receive funds under this part.’’.
(b) CONFORMING AMENDMENTS.—
(1) AMENDMENTS.—Section 102 (20 U.S.C. 1002), as
amended by section 102 of the Higher Education Opportunity
Act (Public Law 110–315) and section 101 of Public Law 111–
39, is amended—
(A) by striking ‘‘part B’’ each place the term appears
and inserting ‘‘part D’’;
(B) in subsection (a)(1)(C), by inserting ‘‘, consistent
with the requirements of section 452(d)’’ before the period
at the end; and
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THE
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PUBLIC LAW 111–152—MAR. 30, 2010
(C) in subsection (a)(2)(A)—
(i) in the second sentence of the matter preceding
clause (i), by striking ‘‘made, insured, or guaranteed’’
and inserting ‘‘made’’; and
(ii) in clause (iii)—
(I) in subclause (III), by striking ‘‘only Federal
Stafford’’ and all that follows through ‘‘section
428B’’ and inserting ‘‘only Federal Direct Stafford
Loans under section 455(a)(2)(A), Federal Direct
Unsubsidized Stafford Loans under section
455(a)(2)(D), or Federal Direct PLUS Loans under
section 455(a)(2)(B)’’; and
(II) in subclause (V), by striking ‘‘a Federal
Stafford’’ and all that follows through ‘‘section
428B’’ and inserting ‘‘a Federal Direct Stafford
Loan under section 455(a)(2)(A), a Federal Direct
Unsubsidized Stafford Loan under section
455(a)(2)(D), or a Federal Direct PLUS Loan under
section 455(a)(2)(B)’’.
(2) EFFECTIVE DATE.—The amendments made by subparagraph (C) of paragraph (1) shall be effective on July 1, 2010,
as if enacted as part of section 102(a)(1) of the Higher Education
Opportunity Act (Public Law 110–315) and subject to section
102(e) of such Act as amended by section 101(a)(2) of Public
Law 111–39 (20 U.S.C. 1002 note).
20 USC 1002
note.
SEC. 2210. CONFORMING AMENDMENTS.
20 USC 1087d
note.
(a) AMENDMENTS.—Section 454 (20 U.S.C. 1087d) is amended—
(1) in subsection (a)—
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) through (7) as
paragraphs (4) through (6), respectively; and
(2) in subsection (b)(2), by striking ‘‘(5), (6), and (7)’’ and
inserting ‘‘(5), and (6)’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on July 1, 2010.
SEC. 2211. TERMS AND CONDITIONS OF LOANS.
Applicability.
(a) IN GENERAL.—Section 455 (20 U.S.C. 1087e) is amended—
(1) in subsection (a)(1), by inserting ‘‘, and first disbursed
on June 30, 2010,’’ before ‘‘under sections 428’’; and
(2) in subsection (g)—
(A) by inserting ‘‘, including any loan made under
part B and first disbursed before July 1, 2010’’ after ‘‘section
428C(a)(4)’’; and
(B) by striking the third sentence.
(b) EFFECTIVE DATE.—The amendment made by subsection
(a)(1) shall apply with respect to loans first disbursed under part
D of title IV of the Higher Education Act of 1965 (20 U.S.C.
1087a et seq.) on or after July 1, 2010.
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SEC. 2212. CONTRACTS; MANDATORY FUNDS.
(a) CONTRACTS.—Section 456 (20 U.S.C. 1087f) is amended—
(1) in subsection (a)—
(A) by inserting after paragraph (3) the following new
paragraph:
‘‘(4) SERVICING BY ELIGIBLE NOT-FOR-PROFIT SERVICERS.—
‘‘(A) SERVICING CONTRACTS.—
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PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1079
‘‘(i) IN GENERAL.—The Secretary shall contract
with each eligible not-for-profit servicer to service loans
originated under this part, if the servicer—
‘‘(I) meets the standards for servicing Federal
assets that apply to contracts awarded pursuant
to paragraph (1); and
‘‘(II) has the capacity to service the applicable
loan volume allocation described in subparagraph
(B).
‘‘(ii) COMPETITIVE MARKET RATE DETERMINATION
FOR FIRST 100,000 BORROWER ACCOUNTS.—The Secretary
shall establish a separate pricing tier for each of the
first 100,000 borrower loan accounts at a competitive
market rate.
‘‘(iii) INELIGIBILITY.—An eligible not-for-profit
servicer shall no longer be eligible for a contract under
this paragraph after July 1, 2014, if—
‘‘(I) the servicer has not been awarded such
a contract before that date; or
‘‘(II) the servicer’s contract was terminated,
and the servicer had not reapplied for, and been
awarded, a contract under this paragraph.
‘‘(B) ALLOCATIONS.—
‘‘(i) IN GENERAL.—The Secretary shall (except as
provided in clause (ii)) allocate to an eligible not-forprofit servicer, subject to the contract of such servicer
described in subparagraph (A), the servicing rights
for the loan accounts of 100,000 borrowers (including
borrowers who borrowed loans in a prior year that
were serviced by the servicer).
‘‘(ii) SERVICER ALLOCATION.—The Secretary may
reallocate, increase, reduce, or terminate an eligible
not-for-profit servicer’s allocation of servicing rights
under clause (i) based on the performance of such
servicer, on the same terms as loan allocations provided
by contracts awarded pursuant to paragraph (1).’’; and
(2) by adding at the end the following:
‘‘(c) DEFINITION OF ELIGIBLE NOT-FOR-PROFIT SERVICER.—In
this section:
‘‘(1) IN GENERAL.—The term ‘eligible not-for-profit servicer’
means an entity—
‘‘(A) that is not owned or controlled in whole or in
part by—
‘‘(i) a for-profit entity; or
‘‘(ii) a nonprofit entity having its principal place
of business in another State; and
‘‘(B) that—
‘‘(i) as of July 1, 2009—
‘‘(I) meets the definition of an eligible notfor-profit holder under section 435(p), except that
such term does not include eligible lenders
described in paragraph (1)(D) of such section; and
‘‘(II) was performing, or had entered into a
contract with a third party servicer (as such term
is defined in section 481(c)) who was performing,
student loan servicing functions for loans made
under part B of this title;
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124 STAT. 1080
PUBLIC LAW 111–152—MAR. 30, 2010
‘‘(ii) notwithstanding clause (i), as of July 1, 2009—
‘‘(I) is the sole beneficial owner of a loan for
which the special allowance rate is calculated
under section 438(b)(2)(I)(vi)(II) because the loan
is held by an eligible lender trustee that is an
eligible not-for-profit holder as defined under section 435(p)(1)(D); and
‘‘(II) was performing, or had entered into a
contract with a third party servicer (as such term
is defined in section 481(c)) who was performing,
student loan servicing functions for loans made
under part B of this title; or
‘‘(iii) is an affiliated entity of an eligible not-forprofit servicer described in clause (i) or (ii) that—
‘‘(I) directly employs, or will directly employ
(on or before the date the entity begins servicing
loans under a contract awarded by the Secretary
pursuant to subsection (a)(3)(A)), the majority of
individuals who perform borrower-specific student
loan servicing functions; and
‘‘(II) as of July 1, 2009, was performing, or
had entered into a contract with a third party
servicer (as such term is defined in section 481(c))
who was performing, student loan servicing functions for loans made under part B of this title.
‘‘(2) AFFILIATED ENTITY.—For the purposes of paragraph
(1), the term ‘affiliated entity’—
‘‘(A) means an entity contracted to perform services
for an eligible not-for-profit servicer that—
‘‘(i) is a nonprofit entity or is wholly owned by
a nonprofit entity; and
‘‘(ii) is not owned or controlled, in whole or in
part, by—
‘‘(I) a for-profit entity; or
‘‘(II) an entity having its principal place of
business in another State; and
‘‘(B) may include an affiliated entity that is established
by an eligible not-for-profit servicer after the date of enactment of the SAFRA Act, if such affiliated entity is otherwise
described in paragraph (1)(B)(iii)(I) and subparagraph (A)
of this paragraph.’’.
(b) MANDATORY FUNDS.—
(1) AMENDMENTS.—Section 458(a) (20 U.S.C. 1087h(a)) is
amended—
(A) by redesignating paragraph (5) as paragraph (8);
(B) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively;
(C) by inserting after paragraph (1) the following new
paragraph:
‘‘(2) MANDATORY FUNDS FOR ELIGIBLE NOT-FOR-PROFIT
SERVICERS.—For fiscal years 2010 through 2019, there shall
be available to the Secretary, in addition to any other amounts
appropriated to carry out this paragraph and out of any money
in the Treasury not otherwise appropriated, funds to be obligated for administrative costs of servicing contracts with
eligible not-for-profit servicers as described in section 456.’’;
and
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(D) by inserting after paragraph (5), as redesignated
by subparagraph (B) of this paragraph, the following:
‘‘(6) TECHNICAL ASSISTANCE TO INSTITUTIONS OF HIGHER
EDUCATION.—
‘‘(A) PROVISION OF ASSISTANCE.—The Secretary shall
provide institutions of higher education participating, or
seeking to participate, in the loan programs under this
part with technical assistance in establishing and administering such programs.
‘‘(B) FUNDS.—There are authorized to be appropriated,
and there are appropriated, to carry out this paragraph
(in addition to any other amounts appropriated to carry
out this paragraph and out of any money in the Treasury
not otherwise appropriated), $50,000,000 for fiscal year
2010.
‘‘(C) DEFINITION.—In this paragraph, the term ‘assistance’ means the provision of technical support, training,
materials, technical assistance, and financial assistance.
‘‘(7) ADDITIONAL PAYMENTS.—
‘‘(A) PROVISION OF ASSISTANCE.—The Secretary shall
provide payments to loan servicers for retaining jobs at
locations in the United States where such servicers were
operating under part B on January 1, 2010.
‘‘(B) FUNDS.—There are authorized to be appropriated,
and there are appropriated, to carry out this paragraph
(in addition to any other amounts appropriated to carry
out this paragraph and out of any money in the Treasury
not otherwise appropriated), $25,000,000 for each of the
fiscal years 2010 and 2011.’’.
(2) CONFORMING AMENDMENT.—Section 458 (20 U.S.C.
1087h) is further amended by striking ‘‘subsection (a)(3)’’ in
subsection (b) and inserting ‘‘subsection (a)(4)’’.
SEC. 2213. INCOME-BASED REPAYMENT.
Section 493C (20 U.S.C. 1098e) is amended by adding at the
end the following new subsection:
‘‘(e) SPECIAL TERMS FOR NEW BORROWERS ON AND AFTER JULY
1, 2014.—With respect to any loan made to a new borrower on
or after July 1, 2014—
‘‘(1) subsection (a)(3)(B) shall be applied by substituting
‘10 percent’ for ‘15 percent’; and
‘‘(2) subsection (b)(7)(B) shall be applied by substituting
‘20 years’ for ‘25 years’.’’.
Effective date.
Subtitle B—Health
SEC. 2301. INSURANCE REFORMS.
(a) EXTENDING CERTAIN INSURANCE REFORMS TO GRANDPLANS.—Section 1251(a) of the Patient Protection and
Affordable Care Act, as added by section 10103(d) of such Act,
is amended by adding at the end the following:
‘‘(4) APPLICATION OF CERTAIN PROVISIONS.—
‘‘(A) IN GENERAL.—The following provisions of the
Public Health Service Act (as added by this title) shall
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PUBLIC LAW 111–152—MAR. 30, 2010
apply to grandfathered health plans for plan years beginning with the first plan year to which such provisions
would otherwise apply:
‘‘(i) Section 2708 (relating to excessive waiting
periods).
‘‘(ii) Those provisions of section 2711 relating to
lifetime limits.
‘‘(iii) Section 2712 (relating to rescissions).
‘‘(iv) Section 2714 (relating to extension of
dependent coverage).
‘‘(B) PROVISIONS APPLICABLE ONLY TO GROUP HEALTH
PLANS.—
‘‘(i) PROVISIONS DESCRIBED.—Those provisions of
section 2711 relating to annual limits and the provisions of section 2704 (relating to pre-existing condition
exclusions) of the Public Health Service Act (as added
by this subtitle) shall apply to grandfathered health
plans that are group health plans for plan years beginning with the first plan year to which such provisions
otherwise apply.
‘‘(ii) ADULT CHILD COVERAGE.—For plan years
beginning before January 1, 2014, the provisions of
section 2714 of the Public Health Service Act (as added
by this subtitle) shall apply in the case of an adult
child with respect to a grandfathered health plan that
is a group health plan only if such adult child is
not eligible to enroll in an eligible employer-sponsored
health plan (as defined in section 5000A(f)(2) of the
Internal Revenue Code of 1986) other than such grandfathered health plan.’’.
(b) CLARIFICATION REGARDING DEPENDENT COVERAGE.—Section
2714(a) of the Public Health Service Act, as added by section
1001(5) of the Patient Protection and Affordable Care Act, is
amended by striking ‘‘(who is not married)’’.
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SEC. 2302. DRUGS PURCHASED BY COVERED ENTITIES.
Section 340B of the Public Health Service Act (42 U.S.C. 256b),
as amended by sections 7101 and 7102 of the Patient Protection
and Affordable Care Act, is amended—
(1) in subsection (a)—
(A) in paragraphs (1), (2), (5), (7), and (9), by striking
the terms ‘‘covered drug’’ and ‘‘covered drugs’’ each place
either term appears and inserting ‘‘covered outpatient
drug’’ or ‘‘covered outpatient drugs’’, respectively;
(B) in paragraph (4)(L)—
(i) in clause (i), by striking ‘‘and’’ at the end;
(ii) in clause (ii), by striking the period and
inserting ‘‘; and’’; and
(iii) by inserting after clause (ii), the following:
‘‘(iii) does not obtain covered outpatient drugs
through a group purchasing organization or other
group purchasing arrangement.’’; and
(C) in paragraph (5)—
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (D) and (E)
as subparagraphs (C) and (D), respectively; and
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PUBL152
PUBLIC LAW 111–152—MAR. 30, 2010
124 STAT. 1083
(iii) in subparagraph (D), as so redesignated, by
striking ‘‘subparagraph (D)’’ and inserting ‘‘subparagraph (C)’’;
(2) by striking subsection (c);
(3) in subsection (d)—
(A) by striking ‘‘covered drugs’’ each place it appears
and inserting ‘‘covered outpatient drugs’’;
(B) by striking ‘‘(a)(5)(D)’’ each place it appears and
inserting ‘‘(a)(5)(C)’’; and
(C) by striking ‘‘(a)(5)(E)’’ each place it appears and
inserting ‘‘(a)(5)(D)’’; and
(4) by inserting after subsection (d) the following:
‘‘(e) EXCLUSION OF ORPHAN DRUGS FOR CERTAIN COVERED ENTITIES.—For covered entities described in subparagraph (M), (N),
or (O) of subsection (a)(4), the term ‘covered outpatient drug’ shall
not include a drug designated by the Secretary under section 526
of the Federal Food, Drug, and Cosmetic Act for a rare disease
or condition.’’.
SEC. 2303. COMMUNITY HEALTH CENTERS.
Section 10503(b)(1) of the Patient Protection and Affordable
Care Act is amended—
(1) in subparagraph (A), by striking ‘‘700,000,000’’ and
inserting ‘‘1,000,000,000’’;
(2) in subparagraph (B), by striking ‘‘800,000,000’’ and
inserting ‘‘1,200,000,000’’;
(3) in subparagraph (C), by striking ‘‘1,000,000,000’’ and
inserting ‘‘1,500,000,000’’;
(4) in subparagraph (D), by striking ‘‘1,600,000,000’’ and
inserting ‘‘2,200,000,000’’; and
(5) in subparagraph (E), by striking ‘‘2,900,000,000’’ and
inserting ‘‘3,600,000,000’’.
Ante, p. 1004.
Approved March 30, 2010.
kgrant on DSKHRRP4G1PROD with PUBLAW
LEGISLATIVE HISTORY—H.R. 4872:
HOUSE REPORTS: No. 111–443 (Comm. on the Budget).
CONGRESSIONAL RECORD, Vol. 156 (2010):
Mar. 21, considered and passed House.
Mar. 23, 24, considered in Senate.
Mar. 25, considered and passed Senate, amended. House concurred in Senate
amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
Mar. 30, Presidential remarks.
Æ
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| File Type | application/pdf |
| File Title | PUBL152.PS |
| File Modified | 2010-08-10 |
| File Created | 2010-05-01 |