Page:United States Statutes at Large Volume 124.djvu/514

124 STAT. 488 PUBLIC LAW 111–148—MAR. 23, 2010 (ii) by inserting ‘‘and’’ after the semicolon at the end; (C) by adding at the end the following new clause: ‘‘(xi) for 2011 and each subsequent year— ‘‘(I) the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year, reduced by— ‘‘(II) the productivity adjustment described in section 1886(b)(3)(B)(xi)(II).’’; and (D) by adding at the end the following flush sentence: ‘‘The application of subparagraph (A)(xi)(II) may result in the applicable percentage increase under subparagraph (A) being less than 0.0 for a year, and may result in payment rates under this subsection for a year being less than such payment rates for the preceding year.’’. (o) OTHER ITEMS.—Section 1842(s)(1) of the Social Security Act (42 U.S.C. 1395u(s)(1)) is amended— (1) in the first sentence, by striking ‘‘Subject to’’ and inserting ‘‘(A) Subject to’’; (2) by striking the second sentence and inserting the fol- lowing new subparagraph: ‘‘(B) Any fee schedule established under this paragraph for such item or service shall be updated— ‘‘(i) for years before 2011— ‘‘(I) subject to subclause (II), by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12- month period ending with June of the preceding year; and ‘‘(II) for items and services described in para- graph (2)(D) for 2009, section 1834(a)(14)(J) shall apply under this paragraph instead of the percent- age increase otherwise applicable; and ‘‘(ii) for 2011 and subsequent years— ‘‘(I) the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year, reduced by— ‘‘(II) the productivity adjustment described in section 1886(b)(3)(B)(xi)(II).’’; and (3) by adding at the end the following flush sentence: ‘‘The application of subparagraph (B)(ii)(II) may result in the update under this paragraph being less than 0.0 for a year, and may result in payment rates under any fee schedule estab- lished under this paragraph for a year being less than such payment rates for the preceding year.’’. (p) NO APPLICATION PRIOR TO APRIL 1, 2010.—Notwithstanding the preceding provisions of this section, the amendments made by subsections (a), (c), and (d) shall not apply to discharges occurring before April 1, 2010. SEC. 3402. TEMPORARY ADJUSTMENT TO THE CALCULATION OF PART B PREMIUMS. Section 1839(i) of the Social Security Act (42 U.S.C. 1395r(i)) is amended— 42 USC 1395ww note.