Page:United States Statutes at Large Volume 124.djvu/48

124 STAT. 22 PUBLIC LAW 111–139—FEB. 12, 2010 the period of the sequestration, special allowance payments under section 438(b) of that Act accruing during the period of the seques- tration shall be reduced by the uniform percentage specified in that sequestration order.’’. (c) Section 256(c) of BBEDCA is repealed. (d) Section 256(d) of BBEDCA is amended— (1) by redesignating paragraphs (2), (3), and (4) as para- graphs (3), (5), and (6); (2) by amending paragraph (1) to read as follows: ‘‘(1) CALCULATION OF REDUCTION IN PAYMENT AMOUNTS.— To achieve the total percentage reduction in those programs required by section 252 or 253, subject to paragraph (2), and notwithstanding section 710 of the Social Security Act, OMB shall determine, and the applicable Presidential order under section 254 shall implement, the percentage reduction that shall apply, with respect to the health insurance programs under title XVIII of the Social Security Act— ‘‘(A) in the case of parts A and B of such title, to individual payments for services furnished during the one- year period beginning on the first day of the first month beginning after the date the order is issued (or, if later, the date specified in paragraph (4)); and ‘‘(B) in the case of parts C and D, to monthly payments under contracts under such parts for the same one-year period; such that the reduction made in payments under that order shall achieve the required total percentage reduction in those payments for that period.’’. (3) by inserting after paragraph (1) the following: ‘‘(2) UNIFORM REDUCTION RATE; MAXIMUM PERMISSIBLE REDUCTION.—Reductions in payments for programs and activi- ties under such title XVIII pursuant to a sequestration order under section 254 shall be at a uniform rate, which shall not exceed 4 percent, across all such programs and activities subject to such order.’’; (4) by inserting after paragraph (3), as redesignated, the following: ‘‘(4) TIMING OF SUBSEQUENT SEQUESTRATION ORDER.—A sequestration order required by section 252 or 253 with respect to programs under such title XVIII shall not take effect until the first month beginning after the end of the effective period of any prior sequestration order with respect to such programs, as determined in accordance with paragraph (1).’’; (5) in paragraph (6), as redesignated, to read as follows: ‘‘(6) SEQUESTRATION DISREGARDED IN COMPUTING PAYMENT AMOUNTS.—The Secretary of Health and Human Services shall not take into account any reductions in payment amounts which have been or may be effected under this part, for purposes of computing any adjustments to payment rates under such title XVIII, specifically including— ‘‘(A) the part C growth percentage under section 1853(c)(6); ‘‘(B) the part D annual growth rate under section 1860D–2(b)(6); and ‘‘(C) application of risk corridors to part D payment rates under section 1860D–15(e).’’; and Determination. Applicability. Repeal.