Page:United States Statutes at Large Volume 121.djvu/2518

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[121 STAT. 2497]
PUBLIC LAW 110-000—MMMM. DD, 2007
[121 STAT. 2497]

PUBLIC LAW 110–173—DEC. 29, 2007

121 STAT. 2497

of the Social Security Act. The preceding sentence shall not apply to plans designated as specialized MA plans for special needs individuals under such authority prior to January 1, 2008. (2) ENROLLMENT IN NEW PLANS.—During the period beginning on January 1, 2008, and ending on December 31, 2009, the Secretary of Health and Human Services shall not permit enrollment of any individual residing in an area in a specialized Medicare Advantage plan for special needs individuals under part C of title XVIII of the Social Security Act to take effect unless that specialized Medicare Advantage plan for special needs individuals was available for enrollment for individuals residing in that area on January 1, 2008. SEC. 109. EXTENSION OF DEADLINE FOR APPLICATION OF LIMITATION ON EXTENSION OR RENEWAL OF MEDICARE REASONABLE COST CONTRACT PLANS.

Section 1876(h)(5)(C)(ii) of the Social Security Act (42 U.S.C. 1395mm(h)(5)(C)(ii)), in the matter preceding subclause (I), is amended by striking ‘‘January 1, 2008’’ and inserting ‘‘January 1, 2009’’. SEC. 110. ADJUSTMENT TO THE MEDICARE ADVANTAGE STABILIZATION FUND.

Section 1858(e)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395w–27a(e)(2)(A)(i)), as amended by section 3 of Public Law 110– 48, is amended by striking ‘‘the Fund’’ and all that follows and inserting ‘‘the Fund during 2013, $1,790,000,000.’’ SEC. 111. MEDICARE SECONDARY PAYOR.

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(a) IN GENERAL.—Section 1862(b) of the Social Security Act (42 U.S.C. 1395y(b)) is amended by adding at the end the following new paragraphs: ‘‘(7) REQUIRED SUBMISSION OF INFORMATION BY GROUP HEALTH PLANS.— ‘‘(A) REQUIREMENT.—On and after the first day of the first calendar quarter beginning after the date that is 1 year after the date of the enactment of this paragraph, an entity serving as an insurer or third party administrator for a group health plan, as defined in paragraph (1)(A)(v), and, in the case of a group health plan that is self-insured and self-administered, a plan administrator or fiduciary, shall— ‘‘(i) secure from the plan sponsor and plan participants such information as the Secretary shall specify for the purpose of identifying situations where the group health plan is or has been a primary plan to the program under this title; and ‘‘(ii) submit such information to the Secretary in a form and manner (including frequency) specified by the Secretary. ‘‘(B) ENFORCEMENT.— ‘‘(i) IN GENERAL.—An entity, a plan administrator, or a fiduciary described in subparagraph (A) that fails to comply with the requirements under such subparagraph shall be subject to a civil money penalty of

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