117 STAT. 2196
PUBLIC LAW 108–173—DEC. 8, 2003 A and B or an actuarially equivalent level of costsharing as determined in this part. ‘‘(ii) SPECIAL RULE FOR REGIONAL PLANS.—In the case of an MA regional plan in determining an actuarially equivalent level of cost-sharing with respect to benefits under the original medicare fee-for-service program option, there shall only be taken into account, with respect to the application of section 1858(b)(2), such expenses only with respect to subparagraph (A) of such section.’’. (3) CONFORMING AMENDMENT RELATING TO SUPPLEMENTAL HEALTH BENEFITS.—Section 1852(a)(3) (42 U.S.C. 1395w– 22(a)(3)) is amended by adding at the end the following: ‘‘Such benefits may include reductions in cost-sharing below the actuarial value specified in section 1854(e)(4)(B).’’. (b) PROVIDING FOR BENEFICIARY SAVINGS FOR CERTAIN PLANS.— (1) BENEFICIARY REBATES.—Section 1854(b)(1) (42 U.S.C. 1395w–24(b)(1)) is amended— (A) in subparagraph (A), by striking ‘‘The monthly amount’’ and inserting ‘‘Subject to the rebate under subparagraph (C), the monthly amount (if any)’’; and (B) by adding at the end the following new subparagraph: ‘‘(C) BENEFICIARY REBATE RULE.— ‘‘(i) REQUIREMENT.—The MA plan shall provide to the enrollee a monthly rebate equal to 75 percent of the average per capita savings (if any) described in paragraph (3)(C) or (4)(C), as applicable to the plan and year involved. ‘‘(ii) FORM OF REBATE.—A rebate required under this subparagraph shall be provided through the application of the amount of the rebate toward one or more of the following: ‘‘(I) PROVISION OF SUPPLEMENTAL HEALTH CARE BENEFITS AND PAYMENT FOR PREMIUM FOR SUPPLEMENTAL BENEFITS.—The provision of supplemental health care benefits described in section 1852(a)(3) in a manner specified under the plan, which may include the reduction of cost-sharing otherwise applicable as well as additional health care benefits which are not benefits under the original medicare fee-for-service program option, or crediting toward an MA monthly supplemental beneficiary premium (if any). ‘‘(II) PAYMENT FOR PREMIUM FOR PRESCRIPTION DRUG COVERAGE.—Crediting toward the MA monthly prescription drug beneficiary premium. ‘‘(III) PAYMENT TOWARD PART B PREMIUM.— Crediting toward the premium imposed under part B (determined without regard to the application of subsections (b), (h), and (i) of section 1839). ‘‘(iii) DISCLOSURE RELATING TO REBATES.—The plan shall disclose to the Secretary information on the form and amount of the rebate provided under this subparagraph or the actuarial value in the case of supplemental health care benefits.
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