117 STAT. 2190
PUBLIC LAW 108–173—DEC. 8, 2003 ‘‘(A) STATUTORY COMPONENT.—The product of the following: ‘‘(i) STATUTORY REGION-SPECIFIC NON-DRUG statutory region-specific non-drug AMOUNT.—The amount (as defined in paragraph (3)) for the region and year. ‘‘(ii) STATUTORY NATIONAL MARKET SHARE.—The statutory national market share percentage, determined under paragraph (4) for the year. ‘‘(B) PLAN-BID COMPONENT.—The product of the following: ‘‘(i) WEIGHTED AVERAGE OF MA PLAN BIDS IN REGION.—The weighted average of the plan bids for the region and year (as determined under paragraph (5)(A)). ‘‘(ii) NON-STATUTORY MARKET SHARE.—1 minus the statutory national market share percentage, determined under paragraph (4) for the year. ‘‘(3) STATUTORY REGION-SPECIFIC NON-DRUG AMOUNT.—For purposes of paragraph (2)(A)(i), the term ‘statutory region-specific non-drug amount’ means, for an MA region and year, an amount equal the sum (for each MA local area within the region) of the product of— ‘‘(A) MA area-specific non-drug monthly benchmark amount under section 1853(j)(1)(A) for that area and year; and ‘‘(B) the number of MA eligible individuals residing in the local area, divided by the total number of MA eligible individuals residing in the region. ‘‘(4) COMPUTATION OF STATUTORY MARKET SHARE PERCENTAGE.— ‘‘(A) IN GENERAL.—The Secretary shall determine for each year a statutory national market share percentage that is equal to the proportion of MA eligible individuals nationally who were not enrolled in an MA plan during the reference month. ‘‘(B) REFERENCE MONTH DEFINED.—For purposes of this part, the term ‘reference month’ means, with respect to a year, the most recent month during the previous year for which the Secretary determines that data are available to compute the percentage specified in subparagraph (A) and other relevant percentages under this part. ‘‘(5) DETERMINATION OF WEIGHTED AVERAGE MA BIDS FOR A REGION.— ‘‘(A) IN GENERAL.—For purposes of paragraph (2)(B)(i), the weighted average of plan bids for an MA region and a year is the sum, for MA regional plans described in subparagraph (D) in the region and year, of the products (for each such plan) of the following: ‘‘(i) MONTHLY MA STATUTORY NON-DRUG BID AMOUNT.—The unadjusted MA statutory non-drug monthly bid amount for the plan. ‘‘(ii) PLAN’S SHARE OF MA ENROLLMENT IN REGION.—The factor described in subparagraph (B) for the plan. ‘‘(B) PLAN’S SHARE OF MA ENROLLMENT IN REGION.—
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