Page:United States Statutes at Large Volume 124.djvu/891

124 STAT. 865 PUBLIC LAW 111–148—MAR. 23, 2010 to another covered entity or to another entity by reason of the application of subsection (c)(2). (i) APPLICATION OF SECTION.—This section shall apply to any medical device sales after December 31, 2008. SEC. 9010. IMPOSITION OF ANNUAL FEE ON HEALTH INSURANCE PRO - VIDERS. (a) IMPOSITION OF FEE.— (1) IN GENERAL.—Each covered entity engaged in the busi- ness of providing health insurance shall pay to the Secretary not later than the annual payment date of each calendar year beginning after 2009 a fee in an amount determined under subsection (b). (2) ANNUAL PAYMENT DATE.—For purposes of this section, the term ‘‘annual payment date’’ means with respect to any calendar year the date determined by the Secretary, but in no event later than September 30 of such calendar year. (b) DETERMINATION OF FEE AMOUNT.— (1) IN GENERAL.—With respect to each covered entity, the fee under this section for any calendar year shall be equal to an amount that bears the same ratio to $6,700,000,000 as— (A) the sum of— (i) the covered entity’s net premiums written with respect to health insurance for any United States health risk that are taken into account during the preceding calendar year, plus (ii) 200 percent of the covered entity’s third party administration agreement fees that are taken into account during the preceding calendar year, bears to (B) the sum of— (i) the aggregate net premiums written with respect to such health insurance of all covered entities that are taken into account during such preceding cal- endar year, plus (ii) 200 percent of the aggregate third party administration agreement fees of all covered entities that are taken into account during such preceding cal- endar year. (2) AMOUNTS TAKEN INTO ACCOUNT.—For purposes of para- graph (1)— (A) NET PREMIUMS WRITTEN.—The net premiums writ- ten with respect to health insurance for any United States health risk that are taken into account during any calendar year with respect to any covered entity shall be determined in accordance with the following table: With respect to a covered entity’s net pre- miums written during the calendar year that are: The percentage of net premiums writ- ten that are taken into account is: Not more than $25,000,000 ..................... 0 percent More than $25,000,000 but not more than $50,000,000. 50 percent More than $50,000,000 ............................. 100 percent. Definition. Deadline. 26 USC 4001 note prec.