Page:United States Statutes at Large Volume 124.djvu/481

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124 STAT. 455 PUBLIC LAW 111–148—MAR. 23, 2010 this subparagraph may not be used for the purpose described in clause (ii)(III) and shall be provided through the application of the amount of the rebate in the following priority order: ‘‘(I) First, to use the most significant share to meaningfully reduce cost-sharing otherwise applicable for benefits under the original medicare fee-for-service program under parts A and B and for qualified prescription drug coverage under part D, including the reduction of any deductibles, co- payments, and maximum limitations on out-of- pocket expenses otherwise applicable. Any reduc- tion of maximum limitations on out-of-pocket expenses under the preceding sentence shall apply to all benefits under the original medicare fee- for-service program option. The Secretary may pro- vide guidance on meaningfully reducing cost- sharing under this subclause, except that such guidance may not require a particular amount of cost-sharing or reduction in cost-sharing. ‘‘(II) Second, to use the next most significant share to meaningfully provide coverage of preven- tive and wellness health care benefits (as defined by the Secretary) which are not benefits under the original medicare fee-for-service program, such as smoking cessation, a free flu shot, and an annual physical examination. ‘‘(III) Third, to use the remaining share to meaningfully provide coverage of other health care benefits which are not benefits under the original medicare fee-for-service program, such as eye examinations and dental coverage, and are not benefits described in subclause (II).’’. (2) APPLICATION OF PERFORMANCE BONUSES.—Section 1853(n) of the Social Security Act, as added by section 3201(f), is amended by adding at the end the following new paragraph: ‘‘(6) APPLICATION OF PERFORMANCE BONUSES.—For plan years beginning on or after January 1, 2014, any performance bonus paid to an MA plan under this subsection shall be used for the purposes, and in the priority order, described in subclauses (I) through (III) of section 1854(b)(1)(C)(iii).’’. (3) APPLICATION OF MA MONTHLY SUPPLEMENTARY BENE- FICIARY PREMIUM.—Section 1854(b)(2)(C) of the Social Security Act (42 U.S.C. 1395w–24(b)(2)(C)) is amended— (A) by striking ‘‘PREMIUM.—The term’’ and inserting ‘‘PREMIUM.— ‘‘(i) IN GENERAL.—The term’’; and (B) by adding at the end the following new clause: ‘‘(ii) APPLICATION OF MA MONTHLY SUPPLEMENTARY BENEFICIARY PREMIUM.—For plan years beginning on or after January 1, 2012, any MA monthly supple- mentary beneficiary premium charged to an individual enrolled in an MA plan shall be used for the purposes, and in the priority order, described in subclauses (I) through (III) of paragraph (1)(C)(iii).’’. Effective date. Effective date. Applicability.