110 HR 7197 IH: To amend part C of title XVIII of the Social Security Act U.S. House of Representatives 2008-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7197 IN THE HOUSE OF REPRESENTATIVES September 28, 2008 Mr. Gonzalez introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend part C of title XVIII of the Social Security Act to limit increases in Medicare Advantage payment rates to 2 percent per year until parity achieved with Medicare fee-for-service program.

1.

Limitation on Medicare Advantage payment rates increases to 2 percent per year until parity achieved with Medicare fee-for-service capitation rate

Section 1853(k) of the Social Security Act (42 U.S.C. 1395w–23(k)) is amended— (1)in paragraph (1)(B)(i), by inserting , subject to paragraph (5), after increased; and (2)by adding at the end the following new paragraph: (5)

Limitation

(A)

In general

The increase to be applied under paragraph (1) for an area and year (beginning with 2010) shall in no case exceed 2 percent if the application of a higher percentage would result in the applicable amount for the area and year exceeding the amount specified in subsection (c)(1)(D) for the area and year. (B)

Fee-for-service payment floor

In no case shall the application of this paragraph result in an applicable amount for an area and year being less than the amount specified in subsection (c)(1)(D)(i) for the area and year. (C)

Exception for pace plans

This paragraph shall not apply to payments to a PACE program under section 1894. .