II 110th CONGRESS 2d Session S. 2545 IN THE SENATE OF THE UNITED STATES January 23, 2008 Mr. Schumer (for himself and Mrs. Clinton) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for a Medicare Advantage benchmark adjustment for certain local areas with VA medical centers and for certain contiguous areas.

1.

Medicare Advantage benchmark adjustment for certain local areas with VA medical centers and for certain contiguous areas

Section 1853(k) of the Social Security Act (42 U.S.C. 1395w–23(k)) is amended— (1)in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (2) and inserting “paragraphs (2) and (4)”; and (2)by adding at the end the following new paragraph: (4)

Adjustment for certain MA local areas with VA medical centers and for certain contiguous areas

(A)

In general

In applying paragraph (1) for plan year 2009 and subsequent plan years, in the case of a targeted MA local area described in subparagraph (B) that is contiguous to one MA local area described in subparagraph (C), if the applicable amounts determined under such paragraph for such areas for a year are not equal, the applicable amount determined under such paragraph for each of such areas for the year shall be deemed to be the greater of such amounts. (B)

Targeted MA local area

For purposes of subparagraph (A), a targeted MA local area is a county— (i)that has within its boundaries a facility that is an academic medical center of the Department of Veterans Affairs; and (ii)for which the payment amount under this section for each of 2004, 2005, and 2007 was determined using the amount specified under subsection (c)(1)(D) for such area for such year. (C)

Contiguous MA local area

For purposes of subparagraph (A), an MA local area described in this subparagraph is a county that— (i)does not have within its boundaries a facility described in subparagraph (B)(i); and (ii)meets the criteria described in subparagraph (B)(ii). .