[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8561 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8561
To amend title XVIII of the Social Security Act to address significant
under projection of MA local area growth due to wage index
reclassification.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2024
Ms. Tenney (for herself, Mr. Tonko, Ms. Stefanik, Mr. Williams of New
York, Mr. Morelle, Mr. Langworthy, and Mr. Molinaro) 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 title XVIII of the Social Security Act to address significant
under projection of MA local area growth due to wage index
reclassification.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ADDRESSING SIGNIFICANT UNDER PROJECTION OF MA LOCAL AREA
GROWTH DUE TO WAGE INDEX RECLASSIFICATION.
(a) Local Adjustment Method and Applicability.--Section 1853(c)(6)
of the Social Security Act (42 U.S.C. 1395w-23(c)(6)) is amended at the
end by adding the following new subparagraph:
``(D) Further adjustment for significant under
projection of local area growth.--Beginning with rates
calculated for 2025 when computing rates for purposes
of calculating benchmark amounts for an applicable
plan, the Secretary shall adjust the growth percentage
under subparagraph (A) to reflect the rate of growth in
the MA local area, including making adjustments to
growth estimates for previous years back no further
than 2024. For purposes of this subparagraph, an
applicable plan is an MA local plan in a service area
where the area wage index under section 1886(d)(3)(E)
increased by more than 20 percent in a prior year on
average across the service area of the plan. Upon
request from an applicable plan, the Secretary shall
issue the adjustment for that year for the MA local
plan as soon as practicable.''.
(b) Adjusting the Benchmark Cap.--Section 1853(k)(1) of the Social
Security Act (42 U.S.C. 1395w-23(k)(1)) is amended--
(1) in subparagraph (B)(i), by striking ``adjustment under
subparagraph (C) of such subsection for a year before 2004''
and inserting ``adjustments under subparagraphs (C) or (D) of
such subsection for a year before 2004 or 2024, respectively'';
and
(2) in subparagraph (B)(ii) add the following new
subparagraph:
``(III) for an applicable plan
under subsection (c)(6)(D), the amount
specified in subsection (c)(1)(D)
adjusted by the growth percentage
determined under subsection
(c)(6)(D)''.
(c) Adjusting the Base Payment Amount.--Section 1853(n)(2)(E) of
the Social Security Act (42 U.S.C. 1395w-23(n)(2)(E)) is amended--
(1) in clause (i)(I), by striking ``adjustment under
subparagraph (C) of such subsection for a year before 2004''
and inserting ``adjustments under subparagraphs (C) or (D) of
such subsection for a year before 2004 or 2024, respectively'';
and
(2) in clause (i)(II), by inserting ``, or, for an
applicable plan under subsection (c)(6)(D), the amount
specified in subsection (c)(1)(D) adjusted by the growth
percentage determined under subsection (c)(6)(D)'' before the
period at the end.
(d) Immediate Implementation To Address Current Under Projection of
Local Area Growth.--Notwithstanding section 1853(b) of the Social
Security Act and any other provision of law that would otherwise
require prior notice, the Secretary shall take immediate action to
adopt or amend calendar year 2025 Medicare Advantage Capitation Rates
in accordance with the provisions of this section and to make any other
methodological changes or take other actions necessary and appropriate
to assure appropriate rate adjustments for MA local plans affected by
significant under projection of local area growth as described in
section 1853(c)(6)(D) of the Social Security Act made effective
herewith, provided that if otherwise required notice of such actions
shall be published in the federal register as soon as possible and in
any case within 30 days of such actions.
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