Page:United States Statutes at Large Volume 124.djvu/508

124 STAT. 482 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(B) REDUCTION OF OTHER ADJUSTMENT.—Subpara- graph (A)(ii) shall be applied with respect to any of rate years 2014 through 2019 by substituting ‘0.0 percentage points’ for ‘0.2 percentage point’, if for such rate year— ‘‘(i) the excess (if any) of— ‘‘(I) the total percentage of the non-elderly insured population for the preceding rate year (based on the most recent estimates available from the Director of the Congressional Budget Office before a vote in either House on the Patient Protec- tion and Affordable Care Act that, if determined in the affirmative, would clear such Act for enroll- ment); over ‘‘(II) the total percentage of the non-elderly insured population for such preceding rate year (as estimated by the Secretary); exceeds ‘‘(ii) 5 percentage points.’’. (d) INPATIENT REHABILITATION FACILITIES.—Section 1886(j)(3) of the Social Security Act (42 U.S.C. 1395ww(j)(3)) is amended— (1) in subparagraph (C)— (A) by striking ‘‘FACTOR.—For purposes’’ and inserting ‘‘FACTOR.— ‘‘(i) IN GENERAL.—For purposes’’; (B) by inserting ‘‘subject to clause (ii)’’ before the period at the end of the first sentence of clause (i), as added by paragraph (1); and (C) by adding at the end the following new clause: ‘‘(ii) PRODUCTIVITY AND OTHER ADJUSTMENT.—After establishing the increase factor described in clause (i) for a fiscal year, the Secretary shall reduce such increase factor— ‘‘(I) for fiscal year 2012 and each subsequent fiscal year, by the productivity adjustment described in section 1886(b)(3)(B)(xi)(II); and ‘‘(II) for each of fiscal years 2010 through 2019, by the other adjustment described in subparagraph (D). The application of this clause may result in the increase factor under this subparagraph being less than 0.0 for a fiscal year, and may result in payment rates under this subsection for a fiscal year being less than such payment rates for the preceding fiscal year.’’; and (2) by adding at the end the following new subparagraph: ‘‘(D) OTHER ADJUSTMENT.— ‘‘(i) IN GENERAL.—For purposes of subparagraph (C)(ii)(II), the other adjustment described in this subparagraph is— ‘‘(I) for each of fiscal years 2010 and 2011, 0.25 percentage point; and ‘‘(II) subject to clause (ii), for each of fiscal years 2012 through 2019, 0.2 percentage point. ‘‘(ii) REDUCTION OF OTHER ADJUSTMENT.—Clause (i)(II) shall be applied with respect to any of fiscal years 2014 through 2019 by substituting ‘0.0 percent- age points’ for ‘0.2 percentage point’, if for such fiscal year— Applicability.