Federal Register, Volume 75 Issue 216 (Tuesday, November 9, 2010)

[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Notices]
[Pages 68790-68798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28248]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-8042-N]
RIN 0938-AP81

Medicare Program; Medicare Part B Monthly Actuarial Rates,
Premium Rate, and Annual Deductible Beginning January 1, 2011

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice.

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SUMMARY: This notice announces the monthly actuarial rates for aged
(age 65 and over) and disabled (under age 65) beneficiaries enrolled in
Part B of the Medicare Supplementary Medical Insurance (SMI) program
beginning January 1, 2011. In addition, this notice announces the
monthly premium for aged and disabled beneficiaries as well as the
income-related monthly adjustment amounts to be paid by beneficiaries
with modified adjusted gross income above certain threshold amounts.
The monthly actuarial rates for 2011 are $230.70 for aged enrollees and
$266.30 for disabled enrollees. The standard monthly Part B premium
rate for 2011 is $115.40, which is equal to 50 percent of the monthly
actuarial rate for aged enrollees or approximately 25 percent of the
expected average total cost of Part B coverage for aged enrollees. (The
2010 standard premium rate was $110.50.) The Part B deductible for 2011
is $162.00 for all Part B beneficiaries. If a beneficiary has to pay an
income-related monthly adjustment, they may have to pay a total monthly
premium of about 35, 50, 65, or 80 percent of the total cost of Part B
coverage.

DATES: Effective Date: January 1, 2011.

FOR FURTHER INFORMATION CONTACT: M. Kent Clemens, (410) 786-6391.

SUPPLEMENTARY INFORMATION:

I. Background

Part B is the voluntary portion of the Medicare program that pays
all or part of the costs for physicians' services, outpatient hospital
services, certain home health services, services furnished by rural
health clinics, ambulatory surgical centers, comprehensive outpatient
rehabilitation facilities, and certain other medical and health
services not covered by Medicare Part A, Hospital Insurance. Medicare
Part B is available to individuals who are entitled to Medicare Part A,
as well as to U.S. residents who have attained age 65 and are citizens,
and aliens who were lawfully admitted for permanent residence and have
resided in the United States for 5 consecutive years. Part B requires
enrollment and payment of monthly premiums, as described in 42 CFR part
407, subpart B, and part 408, respectively. The difference between the
premiums paid by all enrollees and total incurred costs is met by
payments from the Supplementary Medical Insurance Fund.
The Secretary of the Department of Health and Human Services (the
Secretary) is required by section 1839 of the Social Security Act (the
Act) to announce the Part B monthly actuarial rates for aged and
disabled beneficiaries as well as the monthly Part B premium. The Part
B annual deductible is included because its determination is directly
linked to the aged actuarial rate.
The monthly actuarial rates for aged and disabled enrollees are
used to determine the correct amount of general revenue financing per
beneficiary each month. These amounts, according to actuarial
estimates, will equal, respectively, one-half the expected average
monthly cost of Part B for each aged enrollee (age 65 or over) and one-
half the expected average monthly cost of Part B for each disabled
enrollee (under age 65).
The Part B deductible to be paid by enrollees is also announced.
Prior to the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (MMA) (Pub. L. 108-173), the Part B deductible was set in
statute. After setting the 2005 deductible amount at $110.00, section
629 of the MMA (amending section 1833(b) of the Act) requires that the
Part B deductible be indexed beginning in 2006. The inflation factor to
be used each year is the annual percentage increase in the Part B
actuarial rate for enrollees age 65 and over. Specifically, the 2011
Part B deductible is calculated by multiplying the 2010 deductible by
the ratio of the 2011 aged actuarial rate over the 2010 aged actuarial
rate. The amount determined under this formula is then rounded to the
nearest $1.
The monthly Part B premium rate to be paid by aged and disabled
enrollees is also announced. (Although the costs to the program per
disabled enrollee are different than for the aged, the statute provides
that they pay the same premium amount.) Beginning with the passage of
section 203 of the Social Security Amendments of 1972 (Pub. L. 92-603),
the premium rate, which was determined on a fiscal year basis, was
limited to the lesser of the actuarial rate for aged enrollees, or the
current monthly premium rate increased by the

[[Page 68791]]

same percentage as the most recent general increase in monthly Title II
social security benefits.
However, the passage of section 124 of the Tax Equity and Fiscal
Responsibility Act of 1982 (TEFRA) (Pub. L. 97-248) suspended this
premium determination process. Section 124 of TEFRA changed the premium
basis to 50 percent of the monthly actuarial rate for aged enrollees
(that is, 25 percent of program costs for aged enrollees). Section 606
of the Social Security Amendments of 1983 (Pub. L. 98-21), section 2302
of the Deficit Reduction Act of 1984 (DEFRA 84) (Pub. L. 98-369),
section 9313 of the Consolidated Omnibus Budget Reconciliation Act of
1985 (COBRA 85) (Pub. L. 9-272), section 4080 of the Omnibus Budget
Reconciliation Act of 1987 (OBRA 87) (Pub. L. 100-203), and section
6301 of the Omnibus Budget Reconciliation Act of 1989 (OBRA 89) (Pub.
L. 101-239) extended the provision that the premium be based on 50
percent of the monthly actuarial rate for aged enrollees (that is, 25
percent of program costs for aged enrollees). This extension expired at
the end of 1990.
The premium rate for 1991 through 1995 was legislated by section
1839(e)(1)(B) of the Act, as added by section 4301 of the Omnibus
Budget Reconciliation Act of 1990 (OBRA 90) (Pub. L. 101-508). In
January 1996, the premium determination basis would have reverted to
the method established by the 1972 Social Security Act Amendments.
However, section 13571 of the Omnibus Budget Reconciliation Act of 1993
(OBRA 93) (Pub. L. 103-66) changed the premium basis to 50 percent of
the monthly actuarial rate for aged enrollees (that is, 25 percent of
program costs for aged enrollees) for 1996 through 1998.
Section 4571 of the Balanced Budget Act of 1997 (BBA) (Pub. L. 105-
33) permanently extended the provision that the premium be based on 50
percent of the monthly actuarial rate for aged enrollees (that is, 25
percent of program costs for aged enrollees).
The BBA included a further provision affecting the calculation of
the Part B actuarial rates and premiums for 1998 through 2003. Section
4611 of the BBA modified the home health benefit payable under Part A
for individuals enrolled in Part B. Under this section, beginning in
1998, expenditures for home health services not considered ``post-
institutional'' are payable under Part B rather than Part A. However,
section 4611(e)(1) of the BBA required that there be a transition from
1998 through 2002 for the aggregate amount of the expenditures
transferred from Part A to Part B. Section 4611(e)(2) of the BBA also
provided a specific yearly proportion for the transferred funds. The
proportions were \1/6\ for 1998, \1/3\ for 1999, \1/2\ for 2000, \2/3\
for 2001, and \5/6\ for 2002. For the purpose of determining the
correct amount of financing from general revenues of the Federal
Government, it was necessary to include only these transitional amounts
in the monthly actuarial rates for both aged and disabled enrollees,
rather than the total cost of the home health services being
transferred.
Section 4611(e)(3) of the BBA also specified, for the purpose of
determining the premium, that the monthly actuarial rate for enrollees
age 65 and over be computed as though the transition would occur for
1998 through 2003 and that \1/7\ of the cost be transferred in 1998,
\2/7\ in 1999, \3/7\ in 2000, \4/7\ in 2001, \5/7\ in 2002, and \6/7\
in 2003. Therefore, the transition period for incorporating this home
health transfer into the premium was 7 years while the transition
period for including these services in the actuarial rate was 6 years.
Section 811 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Pub. L. 108-173, also known as the Medicare
Modernization Act, or MMA), which amended section 1839 of the Act,
requires that, starting on January 1, 2007, the Part B premium a
beneficiary pays each month be based on their annual income.
Specifically, if a beneficiary's ``modified adjusted gross income'' is
greater than the legislated threshold amounts (for 2011, $85,000 for a
beneficiary filing an individual income tax return, and $170,000 for a
beneficiary filing a joint tax return) the beneficiary is responsible
for a larger portion of the estimated total cost of Part B benefit
coverage. In addition to the standard 25 percent premium, these
beneficiaries will now have to pay an income-related monthly adjustment
amount. The MMA made no change to the actuarial rate calculation, and
the standard premium, which will continue to be paid by beneficiaries
whose modified adjusted gross income is below the applicable
thresholds, still represents 25 percent of the estimated total cost to
the program of Part B coverage for an aged enrollee. However, depending
on income and tax filing status, a beneficiary can now be responsible
for 35, 50, 65, or 80 percent of the estimated total cost of Part B
coverage, rather than 25 percent. The end result of the higher premium
is that the Part B premium subsidy is reduced and less general revenue
financing is required for beneficiaries with higher income because they
are paying a larger share of the total cost with their premium. That
is, the premium subsidy continues to be approximately 75 percent for
beneficiaries with income below the applicable income thresholds, but
will be reduced for beneficiaries with income above these thresholds.
The MMA specified that there be a 5-year transition to full
implementation of this provision. However, section 5111 of the Deficit
Reduction Act of 2005 (Pub. L. 109-171) (DRA) modified the transition
to a 3-year period.
Section 4732(c) of the BBA added section 1933(c) of the Act, which
required the Secretary to allocate money from the Part B trust fund to
the State Medicaid programs for the purpose of providing Medicare Part
B premium assistance from 1998 through 2002 for the low-income Medicaid
beneficiaries who qualify under section 1933 of the Act. This
allocation, while not a benefit expenditure, was an expenditure of the
trust fund and was included in calculating the Part B actuarial rates
through 2002. For 2003 through 2007, the expenditure was made from the
trust fund because the allocation was temporarily extended. However,
because the extension occurred after the financing was determined, the
allocation was not included in the calculation of the financing rates.
A further provision affecting the calculation of the Part B premium
is section 1839(f) of the Act, as amended by section 211 of the
Medicare Catastrophic Coverage Act of 1988 (MCCA 88) (Pub. L. 100-360).
(The Medicare Catastrophic Coverage Repeal Act of 1989 (Pub. L. 101-
234) did not repeal the revisions to section 1839(f) made by MCCA 88.)
Section 1839(f) of the Act, referred to as the ``hold-harmless''
provision, provides that if an individual is entitled to benefits under
section 202 or 223 of the Act (the Old-Age and Survivors Insurance
Benefit and the Disability Insurance Benefit, respectively) and has the
Part B premiums deducted from these benefit payments, the premium
increase will be reduced, if necessary, to avoid causing a decrease in
the individual's net monthly payment. This decrease in payment occurs
if the increase in the individual's social security benefit due to the
cost-of-living adjustment under section 215(i) of the Act is less than
the increase in the premium. Specifically, the reduction in the premium
amount applies if the individual is entitled to benefits under section
202 or 223 of the Act for November and December of a particular year
and the individual's Part B premiums for December and the following
January are deducted from the

[[Page 68792]]

respective month's section 202 or 223 benefits. The ``hold-harmless''
provision does not apply to beneficiaries who are required to pay an
income-related monthly adjustment amount.
A check for benefits under section 202 or 223 of the Act is
received in the month following the month for which the benefits are
due. The Part B premium that is deducted from a particular check is the
Part B payment for the month in which the check is received. Therefore,
a benefit check for November is not received until December, but has
December's Part B premium deducted from it.
Generally, if a beneficiary qualifies for hold-harmless protection,
the reduced premium for the individual for that January and for each of
the succeeding 11 months is the greater of the following--
The monthly premium for January reduced as necessary to
make the December monthly benefits, after the deduction of the Part B
premium for January, at least equal to the preceding November's monthly
benefits, after the deduction of the Part B premium for December; or
The monthly premium for that individual for that December.
In determining the premium limitations under section 1839(f) of the
Act, the monthly benefits to which an individual is entitled under
section 202 or 223 of the Act do not include retroactive adjustments or
payments and deductions on account of work. Also, once the monthly
premium amount is established under section 1839(f) of the Act, it will
not be changed during the year even if there are retroactive
adjustments or payments and deductions on account of work that apply to
the individual's monthly benefits.
Individuals who have enrolled in Part B late or who have re-
enrolled after the termination of a coverage period are subject to an
increased premium under section 1839(b) of the Act. The increase is a
percentage of the premium and is based on the new premium rate before
any reductions under section 1839(f) of the Act are made.

II. Provisions of the Notice

A. Notice of Medicare Part B Monthly Actuarial Rates, Monthly Premium
Rates, and Annual Deductible

The Medicare Part B monthly actuarial rates applicable for 2011 are
$230.70 for enrollees age 65 and over and $266.30 for disabled
enrollees under age 65. Section II.B. of this notice below, presents
the actuarial assumptions and bases from which these rates are derived.
The Part B standard monthly premium rate for 2011 is $115.40. The Part
B annual deductible for 2011 is $162.00. Listed below are the 2011 Part
B monthly premium rates to be paid by beneficiaries who file an
individual tax return (including those who are single, head of
household, qualifying widow(er) with dependent child, or married filing
separately who lived apart from their spouse for the entire taxable
year), or a joint tax return.

----------------------------------------------------------------------------------------------------------------
Income-related
Beneficiaries who file an individual tax Beneficiaries who file a joint monthly Total monthly
return with income: tax return with income: adjustment premium amount
amount
----------------------------------------------------------------------------------------------------------------
Less than or equal to $85,000................. Less than or equal to $170,000.. $0.00 $115.40
Greater than $85,000 and less than or equal to Greater than $170,000 and less 46.10 161.50
$107,000. than or equal to $214,000.
Greater than $107,000 and less than or equal Greater than $214,000 and less 115.30 230.70
to $160,000. than or equal to $320,000.
Greater than $160,000 and less than or equal Greater than $320,000 and less 184.50 299.90
to $214,000. than or equal to $428,000.
Greater than $214,000......................... Greater than $428,000........... 253.70 369.10
----------------------------------------------------------------------------------------------------------------

In addition, the monthly premium rates to be paid by beneficiaries
who are married and lived with their spouse at any time during the
taxable year, but file a separate tax return from their spouse, are
listed below.

------------------------------------------------------------------------
Beneficiaries who are married and lived Income-related
with their spouse at any time during the monthly Total monthly
year, but file a separate tax return adjustment premium amount
from their spouse: amount
------------------------------------------------------------------------
Less than or equal to $85,000........... $0.00 $115.40
Greater than $85,000 and less than or 184.50 299.90
equal to $129,000......................
Greater than $129,000................... 253.70 369.10
------------------------------------------------------------------------

The Part B annual deductible for 2011 is $162.00 for all
beneficiaries.

B. Statement of Actuarial Assumptions and Bases Employed in Determining
the Monthly Actuarial Rates and the Monthly Premium Rate for Part B
Beginning January 2011

1. Actuarial Status of the Part B Account in the Supplementary Medical
Insurance Trust Fund
Under the statute, the starting point for determining the standard
monthly premium is the amount that would be necessary to finance Part B
on an incurred basis. This is the amount of income that would be
sufficient to pay for services furnished during that year (including
associated administrative costs) even though payment for some of these
services will not be made until after the close of the year. The
portion of income required to cover benefits not paid until after the
close of the year is added to the trust fund and used when needed.
The premium rates are established prospectively and are, therefore,
subject to projection error. Additionally, legislation enacted after
the financing was established, but effective for the period in which
the financing is set, may affect program costs. As a result, the income
to the program may not equal incurred costs. Therefore, trust fund
assets must be maintained at a level that is adequate to cover an
appropriate degree of variation between actual and projected costs, and
the amount of incurred, but unpaid,

[[Page 68793]]

expenses. Numerous factors determine what level of assets is
appropriate to cover variation between actual and projected costs. The
three most important of these factors are: (1) The difference from
prior years between the actual performance of the program and estimates
made at the time financing was established; (2) the likelihood and
potential magnitude of expenditure changes resulting from enactment of
legislation affecting Part B costs in a year subsequent to the
establishment of financing for that year, and (3) the expected
relationship between incurred and cash expenditures. These factors are
analyzed on an ongoing basis, as the trends can vary over time.
Table 1 summarizes the estimated actuarial status of the trust fund
as of the end of the financing period for 2009 and 2010.

Table 1--Estimated Actuarial Status of the Part B Account in the Supplementary Medical Insurance Trust Fund as
of the End of the Financing Period
----------------------------------------------------------------------------------------------------------------
Assets less
Financing period ending Assets Liabilities liabilities
(millions) (millions) (millions)
----------------------------------------------------------------------------------------------------------------
December 31, 2009............................................... $75,545 $12,581 $62,964
December 31, 2010............................................... 62,065 14,902 47,163
----------------------------------------------------------------------------------------------------------------

2. Monthly Actuarial Rate for Enrollees Age 65 and Older
The monthly actuarial rate for enrollees age 65 and older is one-
half of the sum of monthly amounts for: (1) The projected cost of
benefits; and (2) administrative expenses for each enrollee age 65 and
older, after adjustments to this sum to allow for interest earnings on
assets in the trust fund and an adequate contingency margin. The
contingency margin is an amount appropriate to provide for possible
variation between actual and projected costs and to amortize any
surplus assets or unfunded liabilities.
The monthly actuarial rate for enrollees age 65 and older for 2011
is determined by first establishing per-enrollee cost by type of
service from program data through 2009 and then projecting these costs
for subsequent years. The projection factors used for financing periods
from January 1, 2008 through December 31, 2011 are shown in Table 2.
As indicated in Table 3, the projected monthly rate required to pay
for one-half of the total of benefits and administrative costs for
enrollees age 65 and over for 2011 is $191.24. Based on current
estimates, the assets are not sufficient to cover the amount of
incurred, but unpaid, expenses and to provide for a significant degree
of variation between actual and projected costs. Thus, a positive
contingency margin is needed to increase assets to a more appropriate
level. The monthly actuarial rate of $230.70 provides an adjustment of
$41.22 for a contingency margin and -$1.76 for interest earnings.
The size of the contingency margin for 2011 is affected by several
factors. The first, and largest, factor involves the current law
formula for physician fees, which will result in a reduction in
physician fees of 23 percent in December 2010 and is projected to
result in a reduction of about 6.5 percent in January 2011. For each
year from 2003 through November 2010, Congress has acted to prevent
physician fee reductions from occurring. In recognition of the strong
possibility of substantial increases in Part B expenditures that would
result from similar legislation to override the decreases in physician
fees in 2010 and 2011, it is appropriate to maintain a significantly
larger Part B contingency reserve than would otherwise be necessary.
The asset level projected for the end of 2010 is not adequate to
accommodate this contingency.
The second factor also has a large impact on the level of the
contingency reserve. As noted previously, for most Part B beneficiaries
the hold-harmless provision prevents their benefits under Section 202
or 223 of the Act from decreasing as a result of an increase in the
Part B premium. The increase in the benefits under Section 202 and 223
of the Act was 0 percent in 2010, and could be 0 percent for 2012. As a
result, the increase in the Part B premium for 2010 (the $14.10
increase from the 2009 standard monthly premium of $96.40 to the 2010
standard monthly premium of $110.50) was paid by only a small
percentage of Part B enrollees. Similarly, the increase in the Part B
premium for 2011 will be paid by only a small percentage of Part B
enrollees. (Approximately 27 percent of beneficiaries are not subject
to the hold-harmless provision because they are subject to the income-
related additional premium amount (5 percent); they are new enrollees
during the year (3 percent); or they do not have their Part B premiums
withheld from social security benefit payments (19 percent), including
those who qualify for both Medicare and Medicaid and have their Part B
premiums paid on their behalf by Medicaid (17 percent).) In order for
Part B to be adequately funded in 2011, the 2011 contingency margin has
been increased to account for this situation. However, the result is a
larger-than-usual premium paid by or on behalf of a minority of Part B
enrollees.
Two other, smaller factors affect the contingency margin for 2011.
Starting in 2011, manufacturers and importers of brand-name
prescription drugs will pay a fee that is allocated to the Part B
account of the SMI trust. For 2011, the total of these brand-name drug
fees will be $2.5 billion. The contingency margin has been reduced to
account for this additional revenue.
Another small factor impacting the contingency margin comes from
the requirement that certain payment incentives, to encourage the
development and use of health information technology (HIT) by Medicare
physicians, are to be excluded from the premium determination. HIT
bonuses or penalties will be directly offset through transfers with the
general fund of the Treasury. The monthly actuarial rate includes an
adjustment of -$1.05 for HIT bonus payments in 2011.
The traditional goal for the Part B reserve has been that assets
minus liabilities at the end of a year should represent between 15 and
20 percent of the following year's total incurred expenditures. Within
this range, 17 percent has been the normal target. In view of the
strong likelihood of actual expenditures exceeding estimated levels,
due to the enactment of legislation after the financing has been set
for a given year, a contingency reserve ratio in excess of 20 percent
of the following year's expenditures would better ensure that the
assets of the Part B account can adequately cover the cost of incurred-
but-not-reported benefits

[[Page 68794]]

together with variations between actual and estimated cost levels.
The actuarial rate of $230.70 per month for aged beneficiaries, as
announced in this notice for 2011, reflects the combined net effect of
the factors described above and the projection assumptions listed in
Table 2.
3. Monthly Actuarial Rate for Disabled Enrollees
Disabled enrollees are those persons under age 65 who are enrolled
in Part B because of entitlement to Social Security disability benefits
for more than 24 months or because of entitlement to Medicare under the
end-stage renal disease (ESRD) program. Projected monthly costs for
disabled enrollees (other than those with ESRD) are prepared in a
fashion parallel to the projection for the aged using appropriate
actuarial assumptions (see Table 2). Costs for the ESRD program are
projected differently because of the different nature of services
offered by the program.
As shown in Table 4, the projected monthly rate required to pay for
one-half of the total of benefits and administrative costs for disabled
enrollees for 2011 is $228.22. The monthly actuarial rate of $266.30
also provides an adjustment of -$2.39 for interest earnings and $40.47
for a contingency margin, reflecting the same factors described above
for the aged actuarial rate. Based on current estimates, the assets
associated with the disabled Medicare beneficiaries are not sufficient
to cover the amount of incurred, but unpaid, expenses and to provide
for a significant degree of variation between actual and projected
costs. Thus, a large contingency margin is needed to increase assets to
an appropriate level.
The actuarial rate of $266.30 per month for disabled beneficiaries,
as announced in this notice for 2011, reflects the combined net effect
of the factors described above for aged beneficiaries and the
projection assumptions listed in Table 2.
4. Sensitivity Testing
Several factors contribute to uncertainty about future trends in
medical care costs. It is appropriate to test the adequacy of the rates
using alternative assumptions. The results of those assumptions are
shown in Table 5. One set represents increases that are lower and,
therefore, more optimistic than the current estimate. The other set
represents increases that are higher and, therefore, more pessimistic
than the current estimate. The values for the alternative assumptions
were determined from a statistical analysis of the historical variation
in the respective increase factors.
As indicated in Table 5, the monthly actuarial rates would result
in an excess of assets over liabilities of $64,247 million by the end
of December 2011 under the assumptions used in preparing this report.
This amounts to 28.5 percent of the estimated total incurred
expenditures for the following year.
Assumptions that are somewhat more pessimistic (and that therefore
test the adequacy of the assets to accommodate projection errors)
produce a surplus of $52,472 million by the end of December 2011, which
amounts to 21.0 percent of the estimated total incurred expenditures
for the following year. Under fairly optimistic assumptions, the
monthly actuarial rates would result in a surplus of $73,097 million by
the end of December 2011, or 35.8 percent of the estimated total
incurred expenditures for the following year.
The above analysis indicates that the premium and general revenue
financing established for 2011, together with existing Part B account
assets would be adequate to cover estimated Part B costs for 2011 under
current law, even if actual costs prove to be somewhat greater than
expected.
5. Premium Rates and Deductible
As determined in accordance with section 1839 of the Act, listed
below are the 2011 Part B monthly premium rates to be paid by
beneficiaries who file an individual tax return (including those who
are single, head of household, qualifying widow(er) with dependent
child, or married filing separately who lived apart from their spouse
for the entire taxable year), or a joint tax return.

----------------------------------------------------------------------------------------------------------------
Income-related
Beneficiaries who file an individual tax Beneficiaries who file a joint monthly Total monthly
return with income: tax return with income: adjustment premium amount
amount
----------------------------------------------------------------------------------------------------------------
Less than or equal to $85,000............... Less than or equal to $170,000 $0.00 $115.40
Greater than $85,000 and less than or equal Greater than $170,000 and less 46.10 161.50
to $107,000. than or equal to $214,000.
Greater than $107,000 and less than or equal Greater than $214,000 and less 115.30 230.70
to $160,000. than or equal to $320,000.
Greater than $160,000 and less than or equal Greater than $320,000 and less 184.50 299.90
to $214,000. than or equal to $428,000.
Greater than $214,000....................... Greater than $428,000......... 253.70 369.10
----------------------------------------------------------------------------------------------------------------

------------------------------------------------------------------------
Beneficiaries who are married and Income-related
lived with their spouse at any time monthly Total monthly
during the year, but file a separate adjustment premium amount
tax return from their spouse: amount
------------------------------------------------------------------------
Less than or equal to $85,000....... $0.00 $115.40
Greater than $85,000 and less than 184.50 299.90
or equal to $129,000...............
Greater than $129,000............... 253.70 369.10
------------------------------------------------------------------------

[[Page 68795]]

Table 2--Projection Factors\1\ 12-Month Periods Ending December 31 of 2008-2011
[In percent]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Physicians' services Other
------------------------ Durable Carrier carrier Outpatient Home Hospital Other Managed
Calendar year Residual medical lab \4\ services hospital health lab \6\ intermediary care
Fees \2\ \3\ equipment \5\ agency services \7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aged:
2008...................... 0.4 3.3 7.1 7.3 4.2 6.4 12.3 4.3 6.1 5.4
2009...................... 1.6 2.4 -9.0 9.7 4.6 10.1 10.4 10.1 10.2 0.3
2010...................... 1.2 5.0 5.8 6.0 3.8 6.6 1.6 1.9 5.8 -1.8
2011...................... -26.0 9.9 2.9 -0.1 4.5 6.2 -0.8 -2.4 -3.1 0.7
Disabled:
2008...................... 0.4 3.2 7.4 11.6 8.8 7.7 14.3 5.9 6.9 5.9
2009...................... 1.6 6.7 -2.4 23.5 8.2 12.3 10.5 13.0 18.3 0.5
2010...................... 1.2 5.2 5.6 7.9 3.9 6.8 3.2 1.7 9.1 -1.5
2011...................... -26.0 9.9 3.2 -0.2 4.3 6.1 -0.7 -2.4 -0.3 0.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ All values for services other than managed care are per fee-for-service enrollee. Managed care values are per managed care enrollee.
\2\ As recognized for payment under the program.
\3\ Increase in the number of services received per enrollee and greater relative use of more expensive services.
\4\ Includes services paid under the lab fee schedule furnished in the physician's office or an independent lab.
\5\ Includes physician-administered drugs, ambulatory surgical center facility costs, ambulance services, parenteral and enteral drug costs, supplies,
etc.
\6\ Includes services paid under the lab fee schedule furnished in the outpatient department of a hospital.
\7\ Includes services furnished in dialysis facilities, rural health clinics, Federally qualified health centers, rehabilitation and psychiatric
hospitals, etc.

Table 3--Derivation of Monthly Actuarial Rate for Enrollees Age 65 and Over for Financing Periods Ending
December 31, 2008 Through December 31, 2011
----------------------------------------------------------------------------------------------------------------
Financing periods
---------------------------------------------------------------
CY 2008 CY 2009 CY 2010 CY 2011
----------------------------------------------------------------------------------------------------------------
Covered services (at level recognized):
Physician fee schedule...................... 78.35 79.29 83.37 67.42
Durable medical equipment................... 9.95 8.80 9.21 9.43
Carrier lab \1\............................. 4.09 4.36 4.58 4.55
Other carrier services \2\.................. 19.81 20.15 20.67 21.48
Outpatient hospital......................... 30.70 32.86 34.63 36.60
Home health................................. 10.64 11.42 11.48 11.33
Hospital lab \3\............................ 2.78 2.98 3.00 2.91
Other intermediary services \4\............. 13.30 14.25 14.91 14.37
Managed care................................ 49.90 54.19 54.77 55.87
---------------------------------------------------------------
Total services.......................... 219.53 228.30 236.60 223.97
Cost sharing:
Deductible.................................. -5.50 -5.50 -6.32 -6.61
Coinsurance................................. -30.21 -30.42 -31.22 -27.82
HIT payment incentives.......................... 0.00 0.00 0.00 -1.05
---------------------------------------------------------------
Total benefits.......................... 183.82 192.37 199.06 188.49
Administrative expenses......................... 2.93 2.98 3.44 2.75
---------------------------------------------------------------
Incurred expenditures........................... 186.75 195.35 202.50 191.24
Value of interest............................... -3.34 -2.80 -2.47 -1.76
Contingency margin for projection error and to 9.29 0.14 20.97 41.22
amortize the surplus or deficit................
---------------------------------------------------------------
Monthly actuarial rate.................. 192.70 192.70 221.00 230.70
----------------------------------------------------------------------------------------------------------------
\1\ Includes services paid under the lab fee schedule furnished in the physician's office or an independent lab.
\2\ Includes physician-administered drugs, ambulatory surgical center facility costs, ambulance services,
parenteral and enteral drug costs, supplies, etc.
\3\ Includes services paid under the lab fee schedule furnished in the outpatient department of a hospital.
\4\ Includes services furnished in dialysis facilities, rural health clinics, Federally qualified health
centers, and rehabilitation and psychiatric hospitals, etc.

Table 4--Derivation of Monthly Actuarial Rate for Disabled Enrollees for Financing Periods Ending December 31,
2008 Through December 31, 2011
----------------------------------------------------------------------------------------------------------------
Financing Periods
---------------------------------------------------------------
CY 2008 CY 2009 CY 2010 CY 2011
----------------------------------------------------------------------------------------------------------------
Covered services (at level recognized):
Physician fee schedule...................... 78.89 83.25 88.30 72.86
Durable medical equipment................... 17.59 16.67 17.53 18.38
Carrier lab \1\............................. 5.35 6.24 6.68 6.76
Other carrier services \2\.................. 24.29 25.64 26.52 28.06

[[Page 68796]]

Outpatient hospital......................... 41.73 45.70 48.63 52.43
Home health................................. 9.10 9.81 10.09 10.21
Hospital lab \3\............................ 4.42 4.85 4.91 4.86
Other intermediary services \4\............. 40.34 42.60 44.35 45.12
Managed care................................ 36.46 40.55 40.23 37.80
---------------------------------------------------------------
Total services.......................... 258.18 275.31 287.23 276.46
Cost sharing:
Deductible.................................. -5.14 -5.15 -5.92 -6.18
Coinsurance................................. -43.88 -45.90 -47.26 -44.23
HIT payment incentives 0.00 0.00 0.00 -1.11
---------------------------------------------------------------
Total benefits.......................... 209.15 224.26 234.05 224.94
Administrative expenses......................... 3.33 3.47 3.70 3.28
---------------------------------------------------------------
Incurred expenditures........................... 212.49 227.73 237.75 228.22
Value of interest............................... -4.26 -3.33 -2.91 -2.39
Contingency margin for projection error and to 1.47 -0.19 35.56 40.47
amortize the surplus or deficit................
---------------------------------------------------------------
Monthly actuarial rate.................. 209.70 224.20 224.20 266.30
----------------------------------------------------------------------------------------------------------------
\1\ Includes services paid under the lab fee schedule furnished in the physician's office or an independent lab.
\2\ Includes physician-administered drugs, ambulatory surgical center facility costs, ambulance services,
parenteral and enteral drug costs, supplies, etc.
\3\ Includes services paid under the lab fee schedule furnished in the outpatient department of a hospital.
\4\ Includes services furnished in dialysis facilities, rural health clinics, Federally qualified health
centers, rehabilitation and psychiatric hospitals, etc.

Table 5--Actuarial Status of the Part B Account in the SMI Trust Fund Under Three Sets of Assumptions for
Financing Periods Through December 31, 2011
----------------------------------------------------------------------------------------------------------------
As of December 31, 2009 2010 2011
----------------------------------------------------------------------------------------------------------------
This projection:
Actuarial status (in millions):
Assets...................................................... 75,545 62,065 78,995
Liabilities................................................. 12,581 14,902 14,721
-----------------------------------------------
Assets less liabilities................................. 62,964 47,163 64,274
Ratio (in percent) \1\...................................... 28.7 22.1 28.5
Low cost projection:
Actuarial status (in millions):
Assets...................................................... 75,545 62,065 87,001
Liabilities................................................. 12,581 14,379 13,904
-----------------------------------------------
Assets less liabilities................................. 62,964 47,686 73,097
Ratio (in percent) \1\...................................... 29.4 23.9 35.8
High cost projection:
Actuarial status (in millions):
Assets...................................................... 75,545 62,065 68,305
Liabilities................................................. 12,581 15,436 15,833
-----------------------------------------------
Assets less liabilities................................. 62,964 46,628 52,472
Ratio (in percent) \1\...................................... 28.0 20.3 21.0
----------------------------------------------------------------------------------------------------------------
\1\ Ratio of assets less liabilities at the end of the year to the total incurred expenditures during the
following year, expressed as a percent.

III. Regulatory Impact Analysis

We have examined the impacts of this notice as required by
Executive Order 12866 on Regulatory Planning and Review (September 30,
1993), the Regulatory Flexibility Act (RFA) (September 19, 1980, Pub.
L. 96-354), section 1102(b) of the Social Security Act, section 202 of
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), Executive
Order 13132 on Federalism (August 4, 1999), and the Congressional
Review Act (5 U.S.C. 804(2)).
Executive Order 12866 directs agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). A regulatory impact
analysis (RIA) must be prepared for major rules with economically
significant effects ($100 million or more in any one year).

[[Page 68797]]

We have examined the impact of this notice as required by Executive
Order 12866 (September 1993, Regulatory Planning and Review) and the
Regulatory Flexibility Act (RFA) (September 19, 1980, Pub. L. 96-354).
Executive Order 12866 directs agencies to assess all costs and benefits
of available regulatory alternatives and, if regulation is necessary,
to select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts, and equity).
The RFA requires agencies to analyze options for regulatory relief
of small businesses, if a rule has a significant impact on a
substantial number of small entities. For purposes of the RFA, small
entities include small businesses, nonprofit organizations, and small
governmental jurisdictions. Most hospitals and most other providers and
suppliers are small entities, either by nonprofit status or by having
revenues of $6.7 million to $34.5 million in any 1 year. Individuals
and States are not included in the definition of a small entity. This
notice will not have a significant impact on a substantial number of
small businesses or other small entities. Therefore, the Secretary has
determined that this notice will not have a significant economic impact
on a substantial number of small entities.
In addition, section 1102(b) of the Act requires us to prepare a
regulatory impact analysis if a rule may have a significant impact on
the operations of a substantial number of small rural hospitals. This
analysis must conform to the provisions of section 604 of the RFA. For
purposes of section 1102(b) of the Act, we define a small rural
hospital as a hospital that is located outside of a Metropolitan
Statistical Area and has fewer than 100 beds. We have determined that
this notice will not have a significant effect on a substantial number
of small entities or on the operations of a substantial number of small
rural hospitals. Therefore, we are not preparing analyses for either
the RFA or section 1102(b) of the Act.
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) also
requires that agencies assess anticipated costs and benefits before
issuing any rule whose mandates require spending in any 1 year of $100
million in 1995 dollars, updated annually for inflation. In 2010, that
threshold is approximately $135 million. This notice has no
consequential effect on State, local, or Tribal governments. We believe
the private sector costs of this notice fall below this threshold as
well.
Executive Order 13132 establishes certain requirements that an
agency must meet when it publishes a proposed rule (and subsequent
final rule) that imposes substantial direct compliance costs on State
and local governments, preempts State law, or otherwise has Federalism
implications. We have determined that this notice does not
significantly affect the rights, roles, and responsibilities of States.
This notice announces that the monthly actuarial rates applicable
for 2011 are $230.70 for enrollees age 65 and over and $266.30 for
disabled enrollees under age 65. It also announces the 2011 monthly
Part B premium rates to be paid by beneficiaries who file an individual
tax return (including those who are single, head of household,
qualifying widow(er) with a dependent child, or married filing
separately who lived apart from their spouse for the entire taxable
year), or a joint tax return.

The standard Part B premium rate of $115.40 is $4.90 higher than
the premium for 2010, so there will be about $700 million of additional
costs in 2011 to the approximately 12 million Part B enrollees who pay
the increase in the Part B premium. Therefore, this notice is a major
rule as defined in 5 U.S.C. 804(2) and is an economically significant
rule under Executive Order 12866.
In accordance with the provisions of Executive Order 12866, this
notice was reviewed by the Office of Management and Budget.

IV. Waiver of Proposed Notice

The Medicare statute requires the publication of the monthly
actuarial rates and the Part B premium amounts in September. We
ordinarily use general notices, rather than notice and comment
rulemaking procedures, to make such announcements. In doing so, we note
that, under the Administrative Procedure Act, interpretive rules,
general statements of policy, and rules of agency organization,
procedure, or

[[Page 68798]]

practice are excepted from the requirements of notice and comment
rulemaking.
We considered publishing a proposed notice to provide a period for
public comment. However, we may waive that procedure if we find, for
good cause, that prior notice and comment are impracticable,
unnecessary, or contrary to the public interest. The statute
establishes the time period for which the premium rates will apply, and
delaying publication of the Part B premium rate such that it would not
be published before that time would be contrary to the public interest.
Moreover, we find that notice and comment are unnecessary because the
formulas used to calculate the Part B premiums are statutorily
directed. Therefore, we find good cause to waive publication of a
proposed notice and solicitation of public comments.
(Catalog of Federal Domestic Assistance Program No. 93.773,
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

Dated: October 27, 2010.
Donald M. Berwick,
Administrator, Centers for Medicare & Medicaid Services.
Approved: October 29, 2010.
Kathleen Sebelius,
Secretary.
[FR Doc. 2010-28248 Filed 11-4-10; 2:15 pm]
BILLING CODE 4120-01-P