PUBLIC LAW 108–173—DEC. 8, 2003
117 STAT. 2185
specified by the Secretary among such States, one State the rules of which shall apply in the case of the States described in paragraph (1)(B). ‘‘(e) STABILIZATION FUND.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish under this subsection an MA Regional Plan Stabilization Fund (in this subsection referred to as the ‘Fund’) which shall be available for two purposes: ‘‘(A) PLAN ENTRY.—To provide incentives to have MA regional plans offered in each MA region under paragraph (3). ‘‘(B) PLAN RETENTION.—To provide incentives to retain MA regional plans in certain MA regions with belownational-average MA market penetration under paragraph (4). ‘‘(2) FUNDING.— ‘‘(A) INITIAL FUNDING.— ‘‘(i) IN GENERAL.—There shall be available to the Fund, for expenditures from the Fund during the period beginning on January 1, 2007, and ending on December 31, 2013, a total of $10,000,000,000. ‘‘(ii) PAYMENT FROM TRUST FUNDS.—Such amount shall be available to the Fund, as expenditures are made from the Fund, from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund in the proportion specified in section 1853(f). ‘‘(B) ADDITIONAL FUNDING FROM SAVINGS.— ‘‘(i) IN GENERAL.—There shall also be made available to the Fund, 50 percent of savings described in clause (ii). ‘‘(ii) SAVINGS.—The savings described in this clause are 25 percent of the average per capita savings described in section 1854(b)(4)(C) for which monthly rebates are provided under section 1854(b)(1)(C) in the fiscal year involved that are attributable to MA regional plans. ‘‘(iii) AVAILABILITY.—Funds made available under this subparagraph shall be transferred into a special account in the Treasury from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund in the proportion specified in section 1853(f) on a monthly basis. ‘‘(C) OBLIGATIONS.—Amounts in the Fund shall be available in advance of appropriations to MA regional plans in qualifying MA regions only in accordance with paragraph (5). ‘‘(D) ORDERING.—Expenditures from the Fund shall first be made from amounts made available under subparagraph (A). ‘‘(3) PLAN ENTRY FUNDING.— ‘‘(A) IN GENERAL.—Funding is available under this paragraph for a year only as follows: ‘‘(i) NATIONAL PLAN.—For a national bonus payment described in subparagraph (B) for the offering by a single MA organization of an MA regional plan in each MA region in the year, but only if there was
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