124 STAT. 459 PUBLIC LAW 111–148—MAR. 23, 2010 enrolls in a specialized MA plan for special needs individuals on or after January 1, 2011. ‘‘(III) EVALUATION.—For 2011 and periodically thereafter, the Secretary shall evaluate and revise the risk adjustment system under this subpara- graph in order to, as accurately as possible, account for higher medical and care coordination costs associated with frailty, individuals with mul- tiple, comorbid chronic conditions, and individuals with a diagnosis of mental illness, and also to account for costs that may be associated with higher concentrations of beneficiaries with those conditions. ‘‘(IV) PUBLICATION OF EVALUATION AND REVI- SIONS.—The Secretary shall publish, as part of an announcement under subsection (b), a descrip- tion of any evaluation conducted under subclause (III) during the preceding year and any revisions made under such subclause as a result of such evaluation.’’. (g) TECHNICAL CORRECTION.—Section 1859(f)(5) of the Social Security Act (42 U.S.C. 1395w–28(f)(5)) is amended, in the matter preceding subparagraph (A), by striking ‘‘described in subsection (b)(6)(B)(i)’’. SEC. 3206. EXTENSION OF REASONABLE COST CONTRACTS. Section 1876(h)(5)(C)(ii) of the Social Security Act (42 U.S.C. 1395mm(h)(5)(C)(ii)) is amended, in the matter preceding subclause (I), by striking ‘‘January 1, 2010’’ and inserting ‘‘January 1, 2013’’. SEC. 3207. TECHNICAL CORRECTION TO MA PRIVATE FEE-FOR- SERVICE PLANS. For plan year 2011 and subsequent plan years, to the extent that the Secretary of Health and Human Services is applying the 2008 service area extension waiver policy (as modified in the April 11, 2008, Centers for Medicare & Medicaid Services’ memorandum with the subject ‘‘2009 Employer Group Waiver-Modification of the 2008 Service Area Extension Waiver Granted to Certain MA Local Coordinated Care Plans’’) to Medicare Advantage coordinated care plans, the Secretary shall extend the application of such waiver policy to employers who contract directly with the Secretary as a Medicare Advantage private fee-for-service plan under section 1857(i)(2) of the Social Security Act (42 U.S.C. 1395w–27(i)(2)) and that had enrollment as of October 1, 2009. SEC. 3208. MAKING SENIOR HOUSING FACILITY DEMONSTRATION PERMANENT. (a) IN GENERAL.—Section 1859 of the Social Security Act (42 U.S.C. 1395w–28) is amended by adding at the end the following new subsection: ‘‘(g) SPECIAL RULES FOR SENIOR HOUSING FACILITY PLANS.— ‘‘(1) IN GENERAL.—In the case of a Medicare Advantage senior housing facility plan described in paragraph (2), notwith- standing any other provision of this part to the contrary and in accordance with regulations of the Secretary, the service area of such plan may be limited to a senior housing facility in a geographic area. Applicability. 42 USC 1395w–27 note.
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