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42 U.S.C. § 18062Establishment of risk corridors for plans in individual and small group markets

submitted 16 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 448 words · no verdicts yet

in plain englishAI-generated · not legal advice

The government runs a risk-sharing program for health plans in 2014 through 2016. Plans with costs far above target get extra payments from the Secretary. Plans with costs far below target must pay money back to the Secretary.

(a) In general For 2014, 2015, and 2016, the Secretary runs a "risk corridor" program for qualified health plans sold in the individual and small group markets. Each plan's payments are adjusted based on the ratio of its allowable costs to its total premiums. The program is modeled on the Medicare Part D regional plan program. (b) Payment methodology (1) Payments out — If a plan's allowable costs for a year are more than 103 percent but not more than 108 percent of its "target amount," the Secretary pays the plan 50 percent of the amount its costs exceed 103 percent of the target. If costs are more than 108 percent of the target, the Secretary pays the plan 2.5 percent of the target plus 80 percent of the amount over 108 percent. (2) Payments in — If a plan's allowable costs are less than 97 percent but at least 92 percent of the target, the plan pays the Secretary 50 percent of the amount its costs fall short of 97 percent of the target. If costs are below 92 percent of the target, the plan pays the Secretary 2.5 percent of the target plus 80 percent of the amount below 92 percent. (c) Definitions (1) Allowable costs — (A) A plan's allowable costs equal its total costs of providing covered benefits, not counting administrative costs. (B) That amount is reduced by any reinsurance or risk-adjustment payments the plan already received under sections 18061 and 18063. (2) Target amount — A plan's target amount equals its total premiums (including any government premium subsidies), minus its administrative costs.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary shall establish and administer a program of risk corridors for calendar years 2014, 2015, and 2016 under which a qualified health plan offered in the individual or small group market shall participate in a payment adjustment system based on the ratio of the allowable costs of the plan to the plan’s aggregate premiums. Such program shall be based on the program for regional participating provider organizations under part D of title XVIII of the Social Security Act [42 U.S.C. 1395w–101 et seq.].

(b) Payment methodology
(1) Payments out

The Secretary shall provide under the program established under subsection (a) that if—

(A)

a participating plan’s allowable costs for any plan year are more than 103 percent but not more than 108 percent of the target amount, the Secretary shall pay to the plan an amount equal to 50 percent of the target amount in excess of 103 percent of the target amount; and

(B)

a participating plan’s allowable costs for any plan year are more than 108 percent of the target amount, the Secretary shall pay to the plan an amount equal to the sum of 2.5 percent of the target amount plus 80 percent of allowable costs in excess of 108 percent of the target amount.

(2) Payments in

The Secretary shall provide under the program established under subsection (a) that if—

(A)

a participating plan’s allowable costs for any plan year are less than 97 percent but not less than 92 percent of the target amount, the plan shall pay to the Secretary an amount equal to 50 percent of the excess of 97 percent of the target amount over the allowable costs; and

(B)

a participating plan’s allowable costs for any plan year are less than 92 percent of the target amount, the plan shall pay to the Secretary an amount equal to the sum of 2.5 percent of the target amount plus 80 percent of the excess of 92 percent of the target amount over the allowable costs.

(c) Definitions

In this section:

(1) Allowable costs
(A) In general

The amount of allowable costs of a plan for any year is an amount equal to the total costs (other than administrative costs) of the plan in providing benefits covered by the plan.

(B) Reduction for risk adjustment and reinsurance payments

Allowable costs shall 1 reduced by any risk adjustment and reinsurance payments received under section 2 18061 and 18063 of this title.

(2) Target amount

The target amount of a plan for any year is an amount equal to the total premiums (including any premium subsidies under any governmental program), reduced by the administrative costs of the plan.

Source credit: (Pub. L. 111–148, title I, § 1342, Mar. 23, 2010, 124 Stat. 211.)

history & why it existsrecord from the source credit
  • 2010Enacted · Pub. L. 111-148 · 124 Stat. 211

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 2010-03-23.

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