PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2205
(2) by adding at the end the following new sentence: ‘‘The Secretary may apply the competitive bidding methodology provided for in this section, with appropriate adjustments to account for the risk adjustment methodology applied to end stage renal disease payments.’’. (j) FACILITATION OF EMPLOYER SPONSORSHIP OF MA PLANS.— Section 1857(i) (42 U.S.C. 1395w–27(i)) is amended— (1) by designating the matter following the heading as a paragraph (1) with the heading ‘‘CONTRACTS WITH MA ORGANIZATIONS.—’’ and appropriate indentation; and (2) by adding at the end the following new paragraph: ‘‘(2) EMPLOYER SPONSORED MA PLANS.—To facilitate the offering of MA plans by employers, labor organizations, or the trustees of a fund established by one or more employers or labor organizations (or combination thereof ) to furnish benefits to the entity’s employees, former employees (or combination thereof ) or members or former members (or combination thereof ) of the labor organizations, the Secretary may waive or modify requirements that hinder the design of, the offering of, or the enrollment in such MA plans. Notwithstanding section 1851(g), an MA plan described in the previous sentence may restrict the enrollment of individuals under this part to individuals who are beneficiaries and participants in such plan.’’. (k) EXPANSION OF MEDICARE BENEFICIARY EDUCATION AND INFORMATION CAMPAIGN.—Section 1857(e)(2) (42 U.S.C. 1395w– 27(e)(2)) is amended— (1) in subparagraph (A) by inserting ‘‘and a PDP sponsor under part D’’ after ‘‘organization’’; (2) in subparagraph (B)— (A) by inserting ‘‘and each PDP sponsor with a contract under part D’’ after ‘‘contract under this part’’; (B) by inserting ‘‘or sponsor’s’’ after ‘‘organization’s’’; and (C) by inserting ‘‘, section 1860D–1(c),’’ after ‘‘information)’’; (3) in subparagraph (C)— (A) by inserting ‘‘and ending with fiscal year 2005’’ after ‘‘beginning with fiscal year 2001’’; (B) by inserting ‘‘and for each fiscal year beginning with fiscal year 2006 an amount equal to $200,000,000,’’ after ‘‘$100,000,000,’’; and (C) by inserting ‘‘and section 1860D–12(b)(3)(D)’’ after ‘‘under this paragraph’’; (4) in subparagraph (D)— (A) in clause (i) by inserting ‘‘and section 1860D–1(c)’’ after ‘‘section 1851’’; (B) in clause (ii)(III), by striking ‘‘and’’ at the end of subclause (III); (C) in clause (ii)(IV), by striking ‘‘each succeeding fiscal year.’’ and inserting ‘‘each succeeding fiscal year before fiscal year 2006; and’’; and (D) in clause (ii), by adding at the end the following new subclause: ‘‘(V) the applicable portion (as defined in subparagraph (F)) of $200,000,000 in fiscal year 2006 and each succeeding fiscal year.’’; and (5) by adding at the end the following new subparagraph:
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