114 STAT. 768 PUBLIC LAW 106-265—SEPT. 19, 2000 Contracts. Contracts. Records. Certification. Regulations. Regulations. "(B) REIMBURSEMENT REQUIREMENT.— Each master contract under this chapter shall include appropriate provisions under which the carrier involved shall, during each year, make such periodic contributions to the Long-Term Care Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office in administering this chapter during such year (adjusted to reconcile for any earlier overestimates or underestimates under this subparagraph) are defrayed. " § 9005. Preemption "The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to long-term care insurance or contracts.
- § 9006. Studies, reports, and audits
"(a) PROVISIONS RELATING TO CARRIERS. — Each master contract under this chapter shall contain provisions requiring the carrier— "(1) to furnish such reasonable reports as the Office of Personnel Management determines to be necessary to enable it to carry out its functions under this chapter; and "(2) to permit the Office and representatives of the General Accounting Office to examine such records of the carrier as may be necessary to carry out the purposes of this chapter. "(b) PROVISIONS RELATING TO FEDERAL AGENCIES. —Each Federal agency shall keep such records, make such certifications, and furnish the OfBce, the carrier, or both, with such information and reports as the Office may require. "(c) REPORTS BY THE GENERAL ACCOUNTING OFFICE.— The General Accounting Office shall prepare and submit to the President, the Office of Personnel Management, and each House of Congress, before the end of the third and fifth years during which the program under this chapter is in effect, a written report evaluating such program. Each such report shall include an analysis of the competitiveness of the program, as compared to both group and individual coverage generally available to individuals in the private insurance market. The Office shall cooperate with the General Accounting Office to provide periodic evaluations of the program. "§ 9007. Jurisdiction of courts "The district courts of the United States have original jurisdiction of a civil action or claim described in paragraph (1) or (2) of section 9003(c), after such administrative remedies as required under such paragraph (1) or (2) (as applicable) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. "§ 9008. Administrative functions "(a) IN GENERAL. —The Office of Personnel Management shall prescribe regulations necessary to carry out this chapter. "(b) ENROLLMENT PERIODS. —The Office shall provide for periodic coordinated enrollment, promotion, and education efforts in consultation with the carriers. "(c) CONSULTATION. —Any regulations necessary to effect the application and operation of this chapter with respect to an eligible
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