Page:United States Statutes at Large Volume 124.djvu/498

124 STAT. 472 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(iii) IMPLEMENTATION.—The Secretary shall estab- lish the criteria under clause (ii)(II) and any exceptions under clause (i)(II) through the promulgation of a regu- lation which includes a public notice and comment period. ‘‘(iv) REQUIREMENT FOR CERTAIN CATEGORIES AND CLASSES UNTIL CRITERIA ESTABLISHED.—Until such time as the Secretary establishes the criteria under clause (ii)(II) the following categories and classes of drugs shall be identified under clause (ii)(I): ‘‘(I) Anticonvulsants. ‘‘(II) Antidepressants. ‘‘(III) Antineoplastics. ‘‘(IV) Antipsychotics. ‘‘(V) Antiretrovirals. ‘‘(VI) Immunosuppressants for the treatment of transplant rejection.’’. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to plan year 2011 and subsequent plan years. SEC. 3308. REDUCING PART D PREMIUM SUBSIDY FOR HIGH-INCOME BENEFICIARIES. (a) INCOME-RELATED INCREASE IN PART D PREMIUM.— (1) IN GENERAL.—Section 1860D–13(a) of the Social Secu- rity Act (42 U.S.C. 1395w–113(a)) is amended by adding at the end the following new paragraph: ‘‘(7) INCREASE IN BASE BENEFICIARY PREMIUM BASED ON INCOME.— ‘‘(A) IN GENERAL.—In the case of an individual whose modified adjusted gross income exceeds the threshold amount applicable under paragraph (2) of section 1839(i) (including application of paragraph (5) of such section) for the calendar year, the monthly amount of the bene- ficiary premium applicable under this section for a month after December 2010 shall be increased by the monthly adjustment amount specified in subparagraph (B). ‘‘(B) MONTHLY ADJUSTMENT AMOUNT.—The monthly adjustment amount specified in this subparagraph for an individual for a month in a year is equal to the product of— ‘‘(i) the quotient obtained by dividing— ‘‘(I) the applicable percentage determined under paragraph (3)(C) of section 1839(i) (including application of paragraph (5) of such section) for the individual for the calendar year reduced by 25.5 percent; by ‘‘(II) 25.5 percent; and ‘‘(ii) the base beneficiary premium (as computed under paragraph (2)). ‘‘(C) MODIFIED ADJUSTED GROSS INCOME.—For purposes of this paragraph, the term ‘modified adjusted gross income’ has the meaning given such term in subparagraph (A) of section 1839(i)(4), determined for the taxable year applicable under subparagraphs (B) and (C) of such section. ‘‘(D) DETERMINATION BY COMMISSIONER OF SOCIAL SECURITY.—The Commissioner of Social Security shall make any determination necessary to carry out the income- 42 USC 1395w–104 note. Regulations. Public information.