S.Amdt. 3240Senate111th Congress (2009-2011)2nd degree
S.Amdt. 3240
Sponsored by
Sen. John D. Rockefeller IV (D-WV)
Submitted December 15, 2009
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Senate amendment submitted
December 15, 2009
Text
Submitted
SA 3240. Mr. ROCKEFELLER (for himself, Mr. Lieberman, Mr. Whitehouse, and Mr. Bingaman) submitted an amendment intended to be proposed to amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal Revenue Code of 1986 to modify the first-time homebuyers credit in the case of members of the Armed Forces and certain other Federal employees, and for other purposes; which was ordered to lie on the table; as follows: On page 1053, between lines 2 and 3, insert the following: SEC. 3403A. IMPROVEMENTS TO THE INDEPENDENT MEDICARE ADVISORY BOARD. Section 1899A of the Social Security Act, as added by section 3403, is amended-- (1) in subsection (c)-- (A) in paragraph (2)(A), by striking clause (iii) and inserting the following new clause: ``(iii) As appropriate, the proposal may include recommendations to adjust payments with respect to all providers of services (as defined in section 1861(u)) and suppliers (as defined in section 1861(d)).''; (B) in paragraph (3)(A)(ii)-- (i) in subclause (I), by inserting ``or'' at the end; (ii) in subclause (II), by striking ``; or'' at the end and inserting a period; and (iii) by striking subclause (III); (C) in paragraph (7)(C), by striking clause (i) and inserting the following new clause: ``(i) in the case of implementation year 2015 or any subsequent implementation year, 1.5 percent; and''; and (D) by striking paragraph (8); (2) in subsection (e), by striking ``August 15'' each place it appears and inserting ``June 1''; (3) in subsection (f)(3)(B), by striking ``or advisory reports to Congress'' and inserting ``, advisory reports, or other reports''; (4) by redesignating subsections (g) through (m) as subsections (i) through (o), respectively; and (5) by adding at the end the following new subsections: ``(g) Proposals in Non-Determination Years.-- ``(1) In general.--In any proposal year in which the Board is not required to transmit a proposal to the President by reason of the application of subclause (I) or (II) of subsection (c)(3)(A)(ii), the Board shall transmit a proposal under this section to the President on January 15 of the year. Except as provided in paragraph (2), such a proposal shall be treated as a proposal under this section and all of the provisions of this section with respect to proposals, including the requirements under paragraphs (2) and (4) of subsection (c) and the required Congressional consideration under subsection (d), shall apply to the proposal. ``(2) Exceptions.--The following rules shall apply to a proposal transmitted pursuant to paragraph (1): [[Page S13274]] ``(A) Recommendations for achieving target.--The requirement under subsection (c)(2)(A)(i) shall not apply. ``(B) Required information.--The proposal shall not include-- ``(i) recommendations described in subsection (c)(2)(A)(i), pursuant to subsection (c)(3)(B)(i); or ``(ii) an actuarial opinion by the Chief Actuary of the Centers for Medicare & Medicaid Services certifying that the proposal meets the requirements of subsection (c)(2)(A)(i), pursuant to subsection (c)(3)(B)(iii); ``(C) Contingent secretarial proposal.--The Secretary shall not submit a proposal if the Board fails to submit a proposal pursuant to subsection (c)(5). ``(D) Congressional consideration.-- ``(i) Subparagraphs (A) and (B) of subsection (d)(3) shall be applied by substituting `subsection (c)(2)(C)' for `subparagraphs (A)(i) and (C) of subsection (c)(2)'. ``(ii) Subparagraphs (D) and (E) of subsection (d)(3) and subsection (d)(4)(B)(v) shall be applied by requiring a simple majority rather than three-fifths of the Members duly chosen and sworn. ``(iii) Subsection (d)(4)(B)(iv) shall not apply. ``(iv) Subsection (d)(4)(C)(v)(II) shall be applied by substituting `subsection (c)(2)(C)' for `subparagraphs (A)(i) and (C) of subsection (c)(2)'. ``(v) Subsection (d)(4)(E)(iv)(II) shall be applied by substituting `subsection (c)(2)(C)' for `subparagraphs (A)(i) and (C) of subsection (c)(2)'. ``(E) Secretarial implementation.--Subsection (e) shall not apply and the Secretary shall not implement the recommendations contained in the proposal unless the Secretary otherwise has the authority to implement such recommendations. ``(h) Annual Report With Recommendations With Respect to the Private Sector.-- ``(1) In general.--Not later than July 1, 2014, and January 15, 2015, and annually thereafter, the Board shall submit to Congress, the Secretary, and the Medicaid and CHIP Payment and Access Commission a report that includes recommendations on-- ``(A) requirements under the program under this title (or requirements included in the proposal submitted under this section in the year); and ``(B) in the case of any report submitted in a year after a determination year (beginning with determination year 2017) in which the Chief Actuary of the Centers for Medicare & Medicaid Services has made a determination described in subclause (I) or (II) of subsection (c)(3)(A)(ii), other requirements determined appropriate by the Board; that should be included in the requirements established under section 1311(c) of the Patient Protection and Affordable Care Act for a health plan to be certified as a qualified health plan, such as requirements that improve the health care delivery system and health outcomes (including by promoting integrated care, care coordination, prevention and wellness, and quality and efficiency), decrease health care spending, and other appropriate improvements ``(2) Incorporation into certification requirements.-- ``(A) In general.--The Secretary shall review the recommendations contained in the report submitted to the Secretary by the Board under paragraph (1). The Secretary may, if determined appropriate, incorporate such recommendations into the requirements for certification under such section 1311(c). ``(B) Report to congress.--Not later than December 31, 2014, and June 15, 2015, and annually thereafter, the Secretary shall submit to Congress a report on the application of subparagraph (A). Such report shall include, with respect to each recommendation contained in a report submitted by the Board in that year, a description of whether or not the Secretary incorporated the recommendation into the requirements for certification under such section 1311(c), and if not, the reasons why. ``(3) MACPAC.--The Medicaid and CHIP Payment and Access Commission shall-- ``(A) review whether or not recommendations contained in a report submitted to the Commission by the Board under paragraph (1) would improve the Medicaid program under title XIX and the Children's Health Insurance Program under title XXI if implemented under such programs; and ``(B) include in the Commission's annual report to Congress the results of such review.''. ______