123STA T .47 4 PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9‘ ‘ (i i ) ( I )i semploy e db y , o r is a par tn ero f , an entity t h at thro ug h c ontract w ith the organi z ation furnishes at least 80 percent of the entity ’ s M edicare patient care ser v- ices to enrollees of such organization
and ‘‘(II) furnishes at least 80 percent of the professional services of the eligible professional covered under this title to enrollees of the organization; and ‘‘( B ) furnishes, on average, at least 2 0 hours per wee k of patient care services . ‘‘( 3 ) ELIG I B L EPROF E S SIO NA LIN C EN T I V EPA YM ENTS. — ‘‘( A ) IN GENERAL.—In applying section 1 8 4 8(o) under paragraph (1), instead of the additional payment amount under section 1848(o)(1)(A) and sub j ect to subparagraph (B), the S ecretary may substitute an amount determined by the Secretary to the e x tent feasible and practical to be similar to the estimated amount in the aggregate that would be payable if payment for services furnished by such professionals was payable under part B instead of this part. ‘‘(B) AVOI D ING D U PLICATION OF PAYMENTS.— ‘‘(i) IN GENERAL.—In the case of an eligible profes- sional described in paragraph (2)— ‘‘(I) that is eligible for the maximum incentive payment under section 1848(o)(1)(A) for the same payment period, the payment incentive shall be made only under such section and not under this subsection; and ‘‘(II) that is eligible for less than such max- imum incentive payment for the same payment period, the payment incentive shall be made only under this subsection and not under section 1848(o)(1)(A). ‘‘(ii) MET H ODS.—In the case of an eligible profes- sional described in paragraph (2) who is eligible for an incentive payment under section 1848(o)(1)(A) but is not described in clause (i) for the same payment period, the Secretary shall develop a process— ‘‘(I) to ensure that duplicate payments are not made with respect to an eligible professional both under this subsection and under section 1848(o)(1)(A); and ‘‘(II) to collect data from Medicare Advantage organizations to ensure against such duplicate pay- ments. ‘‘( C ) F I X ED SCHEDULE FOR APPLICATION OF LIMITATION ON INCENTIVE PAYMENTS FOR ALL ELIGIBLE PROFES- SIONALS.—In applying section 1848(o)(1)(B)(ii) under subparagraph (A), in accordance with rules specified by the Secretary, a q ualifying MA organization shall specify a year (not earlier than 2011) that shall be treated as the first payment year for all eligible professionals with respect to such organization. ‘‘(4) P AYMENT AD J USTMENT.— ‘‘(A) IN GENERAL.—In applying section 1848(a)( 7 ) under paragraph (1), instead of the payment adjustment being an applicable percent of the fee schedule amount for a year under such section, subject to subparagraph ( D ), the Deadlin e .
