home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
HIV AIDS Resource Guide
/
HIV-AIDS Resource Guide.iso
/
STAT
/
PROP_FED
/
HSA06.ASC
< prev
next >
Wrap
Text File
|
1993-01-14
|
70KB
|
1,642 lines
Title VI PREMIUM CAPS; PREMIUM-BASED FINANCING;
AND PLAN PAYMENTS Table of Contents
Section 6000 General definitions
Subtitle A Premium Caps
Part 1 Regional Alliance Health Expenditures
Sub Part A COMPUTATION OF TARGETS AND ACCEPTED
BIDS
Section 6001 Computation of regional alliance
inflation factors
Section 6002 Board determination of national
per capita baseline premium target
Section 6003 Determination of alliance per
capita premium targets
Section 6004 Alliance initial bidding and
negotiation process
Section 6005 State financial incentives
Section 6006 Recommendations to eliminate
regional variations in alliance targets due to variation in
practice patterns; congressional consideration
Section 6007 Reference to limitation on
administrative and judicial review of certain determinations
Sub Part B PLAN AND PROVIDER PAYMENT REDUCTIONS TO
MAINTAIN EXPENDITURES WITHIN TARGETS
Section 6011 Plan payment reduction
Section 6012 Provider payment reduction
Part 2 Corporate Alliances Health Expenditures
Section 6021 Calculation of premium equivalents
Section 6022 Termination of corporate alliance
for
excess increase in expenditures
Part 3 Treatment of Single-payer States
Section 6031 Special rules for single-payer
States Part 4 Transition Provisions
Section 6041 Monitoring prices and expenditures
Subtitle B Premium-Related Financings
Part 1 Family Premium Payments
Sub Part A FAMILY SHARE
Section 6101 Family share of premium
Section 6102 Amount of premium Section 6103
Alliance credit
Section 6104 Premium discount based on income Section
6105 Excess premium credit
Section 6106 Corporate alliance opt-in credit
Section 6107 Family collection shortfall add-
on
Sub Part B REPAYMENT OF ALLIANCE CREDIT BY
CERTAIN FAMILIES
Section 6111 Repayment of alliance credit by
certain families
Section 6112 No liability for families employed
fulltime; reduction in liability for part-time employment
Section 6113 Limitation of liability based on
income
Section 6114 Special treatment of certain retirees
and qualified spouses and children
Section 6115 Special treatment of certain medicare
beneficiaries
Part 2 Employer Premium Payments
Sub Part A REGIONAL ALLIANCE EMPLOYERS
Section 6121 Employer premium payment required
Section 6122 Computation of base employment monthly
premium
Section 6123 Premium discount for certain employers
Section 6124 Payment adjustment for large employers
electing coverage in a regional alliance
Section 6125 Employer collection shortfall add-on
Section 6126 Application to self-employed
individuals
Sub Part B CORPORATE ALLIANCE EMPLOYERS
Section 6131 Employer premium payment required
Subtitle C Payments to Regional Alliance Health Plans
Section 6201 Computation of blended plan per capita
payment amount
Section 6202 Computation of plan bid, AFDC, and SSI
proportions
Section 6000 GENERAL DEFINITIONS.
(a) Definitions Relating to Bids. In this title:
(1) Accepted bid. The term "accepted bid" means the bid
which is agreed to between a regional alliance health plan and
a regional alliance for coverage of the comprehensive benefit
package in the alliance area under subpart A of part 1.
(2) Final accepted bid. The term "final accepted bid"
means the accepted bid, taking into account any voluntary
reduction in such bid made under section 6004(e).
(3) Weighted average accepted bid. The term "weighted
average accepted bid" means, for a regional alliance for a
year, the average of the accepted bids for all regional
alliance health plans offered by such alliance, weighted to
reflect the relative enrollment of regional alliance eligible
individuals among such plans.
(4) Reduced weighted average accepted bid. The term
"reduced weighted average accepted bid", for a health plan
offered by a regional alliance for a year, is the lesser of
(A) the weighted average accepted bid for the
regional alliance for the year (determined using the final
accepted bids as the accepted bids), or
(B) the regional alliance per capita target for
the year.
(b) Weighted Average Premium.In this title, the term
"weighted average premium" means, for a class of family
enrollment and with respect to a regional alliance for a year,
the product of
(1) reduced weighted average accepted bid (as defined
in subsection (a)(4));
(2) the uniform per capita conversion factor
(established under section 1341(b)) for the alliance; and
(3) the premium class factor established by the Board
for that class under section 1531.
(c) Incorporation of Other Definitions. Except as
otherwise provided in this title, the definitions of terms in
subtitle J of title I of this Act shall apply to this title.
Title VI, Subtitle A
Subtitle A Premium Caps
Part 1 REGIONAL ALLIANCE HEALTH EXPENDITURES
Subpart A Computation of Targets and Accepted Bids
Section 6001 COMPUTATION OF REGIONAL ALLIANCE
INFLATION FACTORS.
(a) Computation.
(1) In general. This section provides for the
computation of factors that limit the growth of premiums for
the comprehensive benefit package in regional alliance health
plans. The Board shall compute and publish, not later than
March 1 of each year (beginning with 1995) the regional
alliance inflation factor (as defined in paragraph (2)) for
each regional alliance for the following year.
(2) Regional alliance inflation factor. In this part,
the term "regional alliance inflation factor" means, for a year
for a regional alliance--
(A) the general health care inflation factor for
the year (as defined in paragraph (3));
(B) adjusted under subsection (c) (to take into
account material changes in the demographic and socio-economic
characteristics of the population of alliance eligible
individuals);
(C) decreased by the percentage adjustment (if
any) provided with respect to the regional alliance under
subsection (d) (relating to adjustment for previous excess
expenditures); and
(D) in the case of the year 2001, increased by a
factor that the Board determines to reflect the ratio of (i)
the actuarial value of the increase in benefits provided in
that year under the comprehensive benefit package to (ii) the
actuarial value of the benefits that would have been in such
package in the year without regard to the increase. For
purposes of subparagraph (D)(i), the actuarial value of the
increase with respect to mental illness and substance abuse
services (included within the comprehensive benefit package)
shall not exceed an actuarial value based on the amount of the
total expenditures that would have been made in 2001 by States
and subdivisions of States for mental illness and substance
abuse services (included in such package as of 2001) if this
Act had not been enacted.
(3) General health care inflation factor.
(A) 1996 through 2000. In this part, the term
"general health care inflation factor", for a year, means the
percentage increase in the CPI (as specified under subsection
(b)) for the year plus the following:
(i) For 1996, 1.5 percentage points.
(ii) For 1997, 1.0 percentage points. (iii) For 1998, 0.5
percentage points.
(iv) For 1999 and for 2000, 0 percentage points.
(B) Years after 2000.
(i) Recommendation to congress. In 1999, the Board shall
submit to Congress recommendations on what the general health
care inflation factor should be for years beginning with 2001.
(ii) Failure of congress to act. If the Congress fails to
enact a law specifying the general health care inflation factor
for a year after 2000, the Board, in January of the year before
the year involved, shall compute such factor for the year
involved. Such factor shall be the product of the factors
described in subparagraph (C) for that fiscal year, minus 1.
(C) Factors. The factors described in this
subparagraph for a year are the following:
(i) CPI. 1 plus the percentage change in the CPI for the
year, determined based upon the percentage change in the
average of the CPI for the 12-month period ending with August
31 of the previous fiscal year over such average for the
preceding 12-month period.
(ii) Real gdp per capita. 1 plus the average annual
percentage change in the real, per capita gross domestic
product of the United States during the 3-year period ending in
the preceding calendar year, determined by the Board based on
data supplied by the Department of Commerce.
(b) Projection of Increase in CPI.
(1) In general. For purposes of this section, the
Board shall specify, as of the time of publication, the annual
percentage increase in the CPI (as defined in section 1902(9))
for the following year.
(2) Data to be used. Such increase shall be the
projection of the CPI contained in the budget of the United
States transmitted by the President to the Congress in the
year.
(c) Special Adjustment for Material Changes in Demographic
Characteristics of Population.
(1) Adjustment for corporate alliance opt-in.
(A) In general. The Board shall develop a method
for adjusting the regional alliance inflation factor for each
regional alliance in order to reflect material changes in the
demographic characteristics of regional alliance eligible
individuals residing in the alliance area (in comparison with
such characteristics for the previous year) as a result of one
or more corporate alliances terminating an election under
section 1313.
(B) Basis for adjustments. Adjustments under this
paragraph (whether an increase or decrease) shall be based on
the characteristics and factors used for making adjustments in
payments under section 6124.
(2) Adjustment for regional trend compared to national
trend.
(A) In general. The Board shall develop a method
for adjusting the regional alliance inflator factor for each
regional alliance in order to reflect material changes in the
demographic characteristics (including at least age, gender,
and socio-economic status) and health status of regional
alliance eligible individuals residing in the alliance area in
comparison with the average change in such characteristics for
such individuals residing in the United States. The adjustment
under this paragraph shall be for changes not taken into
account in the adjustment under paragraph (1).
(B) Neutral adjustment. Such method (and any
annual adjustment under this paragraph) shall be designed to
result in the adjustment effected under this paragraph for a
year not changing the weighted average of the regional alliance
inflation factors.
(3) Application. The Board shall provide, on an annual
basis, for an adjustment of regional alliance inflation factors
under this subsection using such methods.
(d) Consultation Process. The Board shall have a process
for consulting with representatives of States and regional
alliances before establishing the regional alliance inflation
factors for each year under this section.
Section 6002 BOARD DETERMINATION OF NATIONAL PER
CAPITA BASELINE PREMIUM TARGET.
(a) In General. Not later than January 1, 1995, the Board
shall determine a national per capita baseline premium target.
Such target is equal to
(1) the national average per capita current coverage
health expenditures (determined under subsection (b)),
(2) updated under subsection (c).
(b) Determination of National Average Per Capita Current
Coverage Health Expenditures.
(1) In general. The Board shall determine the national
average per capita current coverage health expenditures equal
to
(A) total covered current health care expenditures
(described in paragraph (2)), divided by
(B) the estimated population in the United States
of regional alliance eligible individuals (as determined by the
Board as of 1993 under paragraph (4)) for whom such
expenditures were determined. The population under subparagraph
(B) shall not include SSI recipients or AFDC recipients.
(2) Current health care expenditures. For purposes of
paragraph (1)(A), the Board shall determine current health care
expenditures as follows:
(A) Determination of total expenditures.The Board
shall first determine the amount of total payments made for
items and services included in the comprehensive benefit
package (determined without regard to cost sharing) in the
United States in 1993.
(B) Removal of certain expenditures not to be
covered through regional alliances. The amount so determined
shall be decreased by the proportion of such amount that is
attributable to any of the following:
(i) Medicare beneficiaries (other than such beneficiaries
who are regional alliance eligible individuals).
(ii) AFDC recipients or SSI recipients.
(iii) Expenditures which are paid for through workers'
compensation or automobile or other liability insurance.
(iv) Expenditures by parties (including the Federal
Government) that the Board determines will not be payable by
regional alliance health plans for coverage of the
comprehensive benefit package under this Act.
(C) Addition of projected expenditures for
uninsured and underinsured individuals.The amount so determined
and adjusted shall be increased to take into account increased
utilization of, and expenditures for, items and services
covered under the comprehensive benefit package likely to
occur, as a result of coverage under a regional alliance health
plan of individuals who, as of 1993 were uninsured or
underinsured with respect to the comprehensive benefit package.
In making such determination, such expenditures shall be based
on the estimated average cost for such services in 1993 (and
not on private payment rates established for such services). In
making such determination, the estimated amount of
uncompensated care in 1993
shall be removed and will not include adjustments to offset
payments below costs by public programs.
(D) Addition of health plan and alliance costs of
administration. The amount so determined and adjusted shall be
increased by an estimated percentage (determined by the Board,
but no more than 15 percent) that reflects the proportion of
premiums that are required for health plan and regional
alliance administration (including regional alliance costs for
administration of income-related premium discounts and cost
sharing reductions) and for State premium taxes (which taxes
shall be limited to such amounts in 1993 as are attributable to
the health benefits to be included in the comprehensive benefit
package).
(E) Decrease for cost sharing. The amount so
determined and adjusted shall be decreased by a percentage that
reflects (i) the estimated average percentage of total amounts
payable for items and services covered under the comprehensive
benefit package that will be payments in the form of cost
sharing under a higher cost sharing plan, and (ii) the
percentage reduction in utilization estimated to result from
the application of high cost sharing.
(3) Special rules.
(A) Benefits used. The determinations under this
section shall be based on the comprehensive benefit package as
in effect in 1996.
(B) Assuming no change in expenditure pattern.The
determination under paragraph (2) shall be made without regard
to any change in the pattern of expenditures that may result
from the enrollment of AFDC recipients and SSI recipients in
regional alliance health plans.
(4) Eligible individuals. In this subsection, the
determination of who are regional alliance eligible individuals
under this subsection shall be made as though this Act was
fully in effect in each State as of 1993.
(c) Updating.
(1) In general. Subject to paragraph (3), the Board
shall update the amount determined under subsection (b)(1) for
each of 1994 and 1995 by the appropriate update factor
described in paragraph (2) for the year.
(2) Appropriate update factor. In paragraph (1), the
appropriate update factor for a year is 1 plus the annual
percentage increase for the year (as determined by the
Secretary, based on actual or projected information) in private
sector health care spending for items and included in the
comprehensive benefit package (as of 1996).
(3) Limit. The total, cumulative update under this
subsection shall not exceed 15 percent.
Section 6003 DETERMINATION OF ALLIANCE PER CAPITA
PREMIUM TARGETS.
(a) Initial Determination. Not later than January 1, 1995,
the Board shall determine, for each regional alliance for 1996,
a regional alliance per capita premium target. Such target
shall equal
(1) the national per capita baseline premium target
(determined by the Board under section 6002),
(2) updated by the regional alliance inflation factor
(as determined under section 6001(a)(2)) for 1996, and
(3) adjusted by the adjustment factor for the regional
alliance (determined under subsection (c)).
(b) Subsequent Determinations.
(1) Determination. Not later than March 1 of each year
(beginning with 1996) the Board shall determine, for each
regional alliance for the succeeding year a regional alliance
per capita premium target.
(2) General rule. Subject to subsection (e), such
target shall equal
(A) the regional alliance per capita target determined
under this section (without regard to subsection (e)) for the
regional alliance for the previous year,
(B) updated by the regional alliance inflation
factor (as determined in section 6001(a)) for the year.
(3) Adjustment for previous excess rate of increase in
expenditures. Such target for a year is subject to a decrease
under section 6001(d).
(c) Adjustment Factors for Regional Alliances for Initial
Determination.
(1) In general. The Board shall establish an
adjustment factor for each regional alliance in a manner
consistent with this subsection.
(2) Considerations. In establishing the factor for
each regional alliance, the Board shall consider, using
information of the type described in paragraph (3), the
difference between the national average of the factors taken
into account in determining the national per capita baseline
premium target and such factors for the regional alliance,
including variations in health care expenditures and in rates
of uninsurance and underinsurance in the different alliance
areas and including variations in the proportion of
expenditures for services provided by academic health centers
in the different alliance areas.
(3) Type of information. The type of information
described in this paragraph is
(A) information on variations in premiums across
States and across alliance areas within a State (based on
surveys and other data);
(B) information on variations in per capita health
spending by State, as measured by the Secretary;
(C) information on variations across States in per
capita spending under the medicare program and in such spending
among alliance areas within a State under such program; and
(D) area rating factors commonly used by
actuaries.
(4) Application of factors in neutral manner. The
application of the adjustment factors under this subsection for
1996 shall be done in a manner so that the weighted average of
the regional alliance per capita premium targets for 1996 is
equal to the national per capita baseline premium target
determined under section 6002. Such weighted average shall be
based on the Board's estimate of the expected distribution of
alliance eligible individuals (taken into account under section
6002) among the regional alliances.
(5) Consultation process. The Board shall have a
process for consulting with representatives of States and
regional alliances before establishing the adjustment for
regional alliances under this subsection.
(d) Treatment of Certain States.
(1) Non-alliance states. In the case of a State that
is not a participating State or otherwise has not established
regional alliances, the entire State shall be treated under the
provisions of this part as composing a single regional
alliance.
(2) Changes in alliance boundaries. In the case of a
State that changes the boundaries of its regional alliances
(including the establishment of such alliances after 1996), the
Board shall provide a method for computing a regional alliance
per capita premium target for each regional alliance affected
by such change in a manner that
(A) reflects the factors taken into account in
establishing the adjustment factors for regional alliances
under subsection (c), and
(B) results in the weighted average of the newly
computed regional targets for the regional alliances affected
by the change equal to the weighted average of the regional
targets for the regional alliances as previously established.
(e) Adjustment for Previous Excess Rate of Increase in
Expenditures.
(1) In general. If the actual weighted average
accepted bid for a
regional alliance for a year (as determined by the
Board based on actual enrollment in the first month of the
year) exceeds the regional alliance per capita premium target
(determined under this section) for the year, then the regional
alliance per capita premium target shall be reduced, by \1/2\
of the excess percentage (described in paragraph (2)) for the
year, for each of the 2 succeeding years.
(2) Excess percentage. The excess percentage described
in this paragraph for a year is the percentage by which
(A) the actual weighted average accepted bid
(referred to in paragraph (1)) for a regional alliance for the
year, exceeds
(B) the regional alliance per capita premium
target (determined under this section) for the year.
Section 6004 ALLIANCE INITIAL BIDDING AND
NEGOTIATION PROCESS.
(a) Bidding Process.
(1) Obtaining bids.
(A) In general. Not later than July 1 before the
first year, and not later than August 1 of each succeeding
year, the regional alliance shall have obtained premium bids
from each plan seeking to participate as a regional alliance
health plan with respect to the alliance in the following year.
(B) Disclosure. In obtaining such bids, a regional
alliance may determine to disclose (or not to disclose) the
regional alliance per capita premium target for the regional
alliance (determined under section 6003) for the year involved.
(C) Condition. Each bid submitted by a plan under
this subsection shall be conditioned upon the plan's agreement
to accept any payment reduction that may be imposed under
section 6011.
(2) Negotiation process. Following the bidding process
under paragraph (1), a State may provide for negotiations with
health plans relating to the premiums to be charged by such
plans. Such negotiations may result in the resubmission of
bids, but in no case shall a health plan resubmit a bid that
exceeds its prior bid.
(3) Legally binding bids. All bids submitted under
this subsection must be legally binding with respect to the
plans involved.
(4) Acceptance. The final bid submitted by a plan
under this subsection shall be considered to be the final
accepted bid, except as provided in subsection (e).
(5) Assistance. The Board shall provide regional
alliances with such information and technical assistance as may
assist such alliances in the bidding process under this
subsection.
(b) Submission of Information to Board. By not later than
September 1 of each year for which bids are obtained under
subsection (a), each regional alliance shall submit to the
Board a report that discloses
(1) information regarding the final bids obtained
under subsection (a) by the different plans;
(2) (A) for the first year, any information the Board
may request concerning an estimation of the enrollment likely
in each such plan of alliance eligible individuals who will be
offered enrollment in a health plan by alliance in the first
year, or
(B) for a succeeding year, the actual distribution
of enrollment of alliance eligible individuals in regional
alliance health plans in the year in which the report is
transmitted; and
(3) limitations on capacity of regional alliance
health plans.
(c) Computation of Weighted Average Accepted Bid.
(1) In general. For each regional alliance the Board
shall determine a weighted average accepted bid for each year
for which bids are obtained under subsection (a). Such
determination shall be based on information on accepted bids
for the year, submitted under subsection (b)(1), and shall take
into account, subject to paragraph (2), the information on
enrollment distribution submitted under subsection (b)(2).
(2) Enrollment distribution rules. In making the
determination under paragraph (1) for a regional alliance, the
Board shall establish rules respecting the treatment of
enrollment in plans that are discontinued or are newly offered.
(d) Notice to Certain Alliances.
(1) In general. By not later than October 1 of each
year for which bids are obtained, the Board shall notify a
regional alliance
(A) if the weighted average accepted bid
(determined under subsection (c)) for the alliance is greater
than the regional alliance per capita premium target for the
alliance (determined under section 6003) for the year, and
(B) of the reduced weighted average accepted bid
for the alliance.
(2) Notice of premium reductions. If notice is
provided to a regional alliance under paragraph (1), the Board
shall notify the regional alliance and each noncomplying plan
of any plan payment reduction computed under section 6011 for
such a plan and the opportunity to voluntarily reduce the
accepted bid under subsection (e) in order to avoid such a
reduction.
(e) Voluntary Reduction of Accepted Bid (Final Accepted
Bid). After the Board has determined under subsection (c) the
weighted average accepted bid for a regional alliance and the
Board has determined plan payment reductions, before such date
as the Board may specify (in order to provide for an open
enrollment period), a noncomplying plan has the opportunity to
voluntarily reduce its accepted bid by the amount of the plan
payment reduction that would otherwise apply to the plan. Such
reduction shall not affect the amount of the plan payment
reduction for any other plan for that year.
Section 6005 STATE FINANCIAL INCENTIVES.
(a) Election. Any participating State may elect to assume
responsibility for containment of health care expenditures in
the State consistent with this part. Such responsibility shall
include submitting annual reports to the Board on any
activities undertaken by the State to contain such
expenditures. A participating State may regulate the rates
charged by providers furnishing health care items and services
to all private payers. Such regulation of rates may not cause a
corporate alliance health plan to be charged, directly or
indirectly, rates different from those charged other health
plans for the same items and services or otherwise discriminate
against corporate alliance health plans.
(b) Financial Incentive. In the case of a State that has
made an election under subsection (a), if the Board determines
for a particular year (beginning with the first year) that the
statewide weighted average of the reduced weighted average
accepted bids (based on actual average enrollment for the
year), for regional alliances in the State, is less than the
statewide weighted average of the regional alliance per capita
premium targets (based upon such enrollment) for such alliances
for the year, then the amount of the State maintenance-of-
effort payment under section 9001(b), for the following year,
shall be reduced by \1/2\ of the product of
(1) (A) the amount by which the amount of such
statewide
average target exceeds the amount of such statewide average
accepted bid, divided by (B) the amount of such target; and
(2) the total of the amount of the Federal payments
made in that particular year to regional alliances in the State
under subtitle B of title IX.
Section 6006 RECOMMENDATIONS TO ELIMINATE
REGIONAL VARIATIONS IN ALLIANCE TARGETS DUE TO VARIATION IN
PRACTICE PATTERNS; CONGRESSIONAL CONSIDERATION.
(a) Establishment of Advisory Commission on Regional
Variations in Health Expenditures. The chair of the Board shall
establish, by not later than 60 days after the date of
appointment of the first chair, an advisory commission on
regional variations in health expenditures.
(b) Composition. The advisory commission shall be composed
of consumers, employers, providers, representatives of health
plans, States, regional alliances, individuals with expertise
in the financing of health care, individuals with expertise in
the economics of health care, and representatives of diverse
geographic areas.
(c) Elimination of Regional Variation in Premiums Due to
Practice Pattern.
(1) Commission study. The advisory commission shall
examine methods of eliminating variation in regional alliance
per capita premium targets due to variation in practice
patterns, not due to other factors (such as health care input
prices and demographic factors), by 2002.
(2) Commission report. The advisory commission shall
submit to the Board a report that specifies one or more methods
for eliminating the variation described in paragraph (1).
(3) Board recommendations.The Board shall submit to
Congress, by not later July 1, 1995, detailed recommendations
respecting the specific method to be used to eliminate the
variation described in paragraph (1) by 2002. Such
recommendations may take into account regional variations in
demographic or health status and in health care input prices,
based on the availability of accurate proxies for measuring
price variation. In taking into account health care input
prices, the Board shall explain what percentage of variation
found should be adjusted and what percentage of the premium
should be adjusted.
(d) Congressional Consideration.
(1) In general. Detailed recommendations submitted
under subsection (c)(3) shall apply under this subtitle unless
a joint resolution (described in paragraph (2)) disapproving
such recommendations is enacted, in accordance with the
provisions of paragraph (3), before the end of the 60-day
period beginning on the date on which such recommendations were
submitted. For purposes of applying the preceding sentence and
paragraphs (2) and (3), the days on which either House of
Congress is not in session because of an adjournment of more
than three days to a day certain shall be excluded in the
computation of a period.
(2) Joint resolution of disapproval. A joint
resolution described in this paragraph means only a joint
resolution which is introduced within the 10-day period
beginning on the date on which the Board submits
recommendations under subsection (e)(3) and
(A) which does not have a preamble;
(B) the matter after the resolving clause of which
is as follows:
"That Congress disapproves the recommendations of the National
Health Board concerning elimination of regional variation in
regional alliance premiums, as submitted by the Board on
XXXXXXX.", the blank space being filled in with the appropriate
date; and
(C) the title of which is as follows: "Joint
resolution disapproving recommendations of the National Health
Board concerning elimination of regional variation in regional
alliance premiums, as submitted by the Board on XXXXXXX.", the
blank space being filled in with the appropriate date.
(3) Procedures for consideration of resolution of
disapproval. Subject to paragraph (4), the provisions of
section 2908 (other than subsection (a)) of the Defense Base
Closure and Realignment Act of 1990 shall apply to the
consideration of a joint resolution described in paragraph (2)
in the same manner as such provisions apply to a joint
resolution described in section 2908(a) of such Act.
(4) Special rules. For purposes of applying paragraph
(3) with respect to such provisions
(A) any reference to the Committee on Armed
Services of the House of Representatives shall be deemed a
reference to an appropriate Committee of the House of
Representatives (specified by the Speaker of the House of
Representatives at the time of submission of recommendations
under subsection (c)(3)) and any reference to the Committee on
Armed Services of the Senate shall be deemed a reference to an
appropriate Committee of the Senate (specified by the Majority
Leader of the Senate at the time of submission of
recommendations under subsection (c)(3)); and
(B) any reference to the date on which the
President transmits a report shall be deemed a reference to the
date on which the Board submits a recommendation under
subsection (c)(3).
(e) Elimination of Regional Variation State Payment
Amounts.
(1) Commission study. The advisory commission shall
examine methods of reducing variation among State in the level
of payments required under subtitle A of title IX by 2002. The
commission shall examine methods of reducing variation due to
practice patterns, historical differences in the rates of
reimbursement to providers, and in the amount, duration, and
scope of benefits covered under State medicaid plans.
(2) Commission report. The advisory commission shall
submit to the Board a report that specifies one or more methods
for reducing the variation described in paragraph (1).
(3) Board recommendations. The Board shall submit to
Congress, by not later July 1, 1995, detailed recommendations
respecting the specific method to be used to reduce the
variation described in paragraph (1) by 2002 in a budget
neutral manner with respect to total government payments and
payments by the Federal Government. In submitting
recommendations under this paragraph, the Board shall consider
the fiscal capacity of the States.
(4) Congressional consideration.
(A) In general.Subject to the succeeding
provisions of this paragraph, the provisions of subsection (d)
shall apply to recommendations under paragraph (3) in the same
manner as they apply to recommendations under subsection
(c)(3).
(B) Special rules. In applying subparagraph (A)
(i) the following shall be substituted for the matter
after the resolving clause described in subsection (d)(2)(B):
"That Congress disapproves the recommendations of the National
Health Board concerning reduction of regional variation in
State payments, as submitted by the Board on XXXXXXX."; and
(ii) the following shall be substituted for the title
described in subsection (d)(2)(C): "Joint resolution
disapproving recommendations of the National Health Board
concerning reducing regional variation in State payments, as
submitted by the Board on XXXXXXX.".
(f) Information. The advisory commission shall provide the
Board, States, and regional alliances with information about
regional differences in health care costs and practice
patterns.
Section 6007 REFERENCE TO LIMITATION ON
ADMINISTRATIVE AND JUDICIAL REVIEW OF CERTAIN DETERMINATIONS.
For limitation on administrative and judicial review of
certain determinations under this part, see section 5232.
Subpart B Plan and Provider Payment Reductions to
Maintain Expenditures within Targets
Section 6011 PLAN PAYMENT REDUCTION.
(a) Plan Payment Reduction. In order to assure that
payments to regional alliance health plans by a regional
alliance are consistent with the applicable regional alliance
per capita target for the alliance (computed under this
subtitle), each noncomplying plan (as defined in subsection
(b)(2)) for a year is subject to a reduction in plan payment
(under section 1351) by the amount equal to plan payment
reduction specified in subsection (c) for the year.
(b) Noncomplying Alliance and Noncomplying Plan Defined.
In this part:
(1) Noncomplying alliance. The term "noncomplying
alliance" means, for a year, a regional alliance for which the
weighted average accepted bid (computed under section 6004(c))
exceeds the regional alliance per capita premium target for the
year.
(2) Noncomplying plan. The term "noncomplying plan"
means, for a year, a regional alliance health plan offered
through a noncomplying alliance if the final accepted bid for
the year exceeds the maximum complying bid (as defined in
subsection (d)) for the year. No plan shall be a noncomplying
plan for a year before the first year in which the plan is
offered by a regional alliance.
(c) Amount of Plan Payment Reduction.
(1) In general. The amount of the plan payment
reduction, for a noncomplying plan offered by an alliance, is
the alliance-wide reduction percentage (as defined in paragraph
(2)) of the excess bid amount (as defined in paragraph (3)) for
the plan.
(2) Alliance-wide reduction percentage.
(A) In general. In paragraph (1), the term
"alliancewide reduction percentage" means, for a noncomplying
plan offered by an alliance for a year
(i) the amount by which (I) the weighted average accepted
bid (computed under section 6004(c)(1)) for the alliance for the
year, exceeds (II) the regional alliance per capita target for
the alliance for the year; divided by
(ii) the sum, for noncomplying plans offered by the
alliance, of the plan proportions of alliance excess bid amounts
(described in subparagraph (B)(i)) for the year.
(B) Plan proportion of alliance excess bid amount
described.
(i) In general. The "plan proportion of alliance excess bid
amount" described in this clause, for a noncomplying plan, is
the product of
(I) the excess bid amount (as defined in paragraph
(3)) for the plan, and
(II) the plan enrollment proportion (as defined in
clause (ii)) for the plan.
(ii) Plan enrollment proportion. In clause (i)(II), the term
"plan enrollment proportion" means, with respect to a health
plan offered by a regional alliance, the total enrollment of
alliance eligible individuals enrolled in such plan expressed as
a percentage of the total enrollment of alliance eligible
individuals in all regional alliance plans offered by the
alliance. Such proportion shall be computed based on the
information used in computing the weighted average accepted bid
for the alliance under section 6004(c)(1).
(3) Excess bid amount. In this subsection, the "excess
bid amount", with respect to a noncomplying plan for a year, is
the amount by which
(A) the accepted bid for the year (not taking into
account any voluntary reduction under section 6004(e)), exceeds
(B) the maximum complying bid (as defined in
subsection (d)) for the plan for the year.
(d) Maximum Complying Bid.
(1) First year. In this part for the first year, the
"maximum complying bid" for each plan offered by a regional
alliance, is the regional alliance per capita premium target for
the alliance (determined under section 6003) for the year.
(2) Subsequent years. In this part, subject to
paragraph (3), for a subsequent year, the "maximum complying
bid", for a plan offered by an alliance for a year, is the sum
of the following:
(A) Net previous year accepted bid for plan. The
accepted bid for the previous year (not taking into account
any voluntary reduction under section 6004(e)), minus the
amount of any plan payment reduction for the plan for that
year.
(B) Alliance-wide inflation allowance. The amount
by which
(i) the regional alliance per capita premium target for
the year, exceeds
(ii) such target for the previous year, or, if less, the
weighted average accepted bid (computed under section
6004(c)(1)) for such year.
(3) Special rules for new plans.
(A) In general. Subject to subparagraph (B), in
the case of a plan that is first offered by a regional alliance
in a year after the first year the maximum complying bid shall
be the regional alliance per capita premium target for the
year.
(B) Authority. The Board or a State may establish
rules to modify the application of subparagraph (A) for
regional alliance health plans in the State in order
(i) to prevent abusive premium practices by entities
previously offering plans, or
(ii) to encourage the availability of all types of plans
in the State and to permit establishment of new plans.
Section 6012 PROVIDER PAYMENT REDUCTION.
(a) Participating Providers.
(1) In general. Each regional alliance health plan, as
part of its contract under section 1406(e) with any
participating provider (as defined in section 1407(c), or group
of participating providers) shall
(A) include a provision that provides that if the
plan is a noncomplying plan for a year, payments to the
provider (or group) shall be reduced by the applicable network
reduction percentage (described in paragraph (2)) for the year,
and
(B) not include any provision which the State
determines otherwise varies the payments to such providers (or
group) because of, or in relation to, a plan payment reduction
under section 6011 or otherwise is intended to nullify the
effect of subparagraph (A). The Board may issue regulations
relating to the requirements of this paragraph.
(2) Applicable network reduction percentage.
(A) In general. Subject to subparagraph (B), the
"applicable network reduction percentage", with respect to
participating providers of a noncomplying plan for a year is
(i) the plan payment reduction amount for the plan for the
year (as determined under section 6011(c)), divided by
(ii) the final accepted bid for the plan for the year,
adjusted under subparagraph (B).
(B) Induced volume offset. The Board shall provide
for an appropriate increase of the percentage reduction
computed under subparagraph (A) to take into account any
estimated increase in volume of services provided that may
reasonably be anticipated as a consequence of applying a
reduction in payment under this subsection. The Board may
compute and apply such increase differently for different
classes of providers or services or different types of health
plans (as the Board may define).
(b) Other Providers.
(1) In general. Each regional alliance health plan
that is a noncomplying plan in a year shall provide for a
reduction in the amount of payments to providers (or groups of
providers) that are not participating providers under the
applicable alliance fee schedule under section 1406(c)(3) by
the applicable nonnetwork reduction percentage (described in
paragraph (2)) for the year.
(2) Applicable nonnetwork reduction percentage.
(A) In general. Subject to subparagraph (B), the
"applicable nonnetwork reduction percentage", with respect to
nonparticipating providers of a noncomplying plan for a year is
(i) the plan payment reduction amount for the plan for the
year (as determined under section 6011(c)), divided by
(ii) the final accepted bid for the plan for the year,
adjusted under subparagraph (B).
(B) Induced volume offset. The Board shall provide
for an appropriate increase of the percentage reduction
computed under subparagraph (A) to take into account any
estimated increase in volume of services provided that may
reasonably be anticipated as a consequence of applying a
reduction in payment under this subsection. The Board may
compute and apply such increase differently for different
classes of providers or services or different types of health
plans (as the Board may define).
(c) Application to Cost Sharing and to Balance Billing
Restrictions. For purposes of applying section 1406(d)
(relating to balance billing limitations) and part 3 of
subtitle B of title I (relating to computation of cost
sharing), the payment basis otherwise used for computing any
limitation on billing or cost sharing shall be such payment
basis as adjusted by any reductions effected under this
section.
Part 2 CORPORATE ALLIANCES HEALTH EXPENDITURES
Section 6021 CALCULATION OF PREMIUM EQUIVALENTS.
(a) In General. By January 1, 1998, the Board shall
develop a methodology for calculating an annual per capita
expenditure equivalent for amounts paid for coverage for the
comprehensive benefit package within a corporate alliance.
(b) Adjustment Permitted. Such methodology shall permit a
corporate alliance to petition the Secretary of Labor for an
adjustment of the inflation adjustment that would otherwise
apply to compensate for material changes in the demographic
characteristics of the eligible individuals receiving coverage
through the alliance.
(c) Reporting. In 2001 and each subsequent year, each
corporate alliance shall report to the Secretary of Labor, in a
form and manner specified by the Secretary, the average of the
annual per capita expenditure equivalent for the previous 3-
year period.
Section 6022 TERMINATION OF CORPORATE ALLIANCE
FOR EXCESS INCREASE IN EXPENDITURES.
(a) Termination.
(1) In general. If a corporate alliance has two excess
years (as defined in subsection (b)) in a 3-year-period, then,
effective beginning with the second year following the second
excess year in such period
(A) the Secretary of Labor shall terminate the
corporate alliance, and
(B) employers that were corporate alliance
employers with respect to such corporate alliance shall become
regional alliance employers (unless, in the case of a corporate
alliance with a plan sponsor described in subparagraph (B) or
(C) of section 1311(b)(1), the employers become corporate
alliance employers of another such corporate alliance).
(2) Initial 3-year-period. Paragraph (1) shall first
apply to the 3-year-period beginning with 1998.
(3) Special subsequent treatment for large
employers.In the case of corporate alliance employers described
in paragraph (1)(B) that are large employers, the employer
premium payments under section 6121 are subject to adjustment
under section 6124.
(4) No further election. If a corporate alliance of a
large employer is terminated under this subsection, no employer
that is a corporate alliance employer for that alliance is
eligible to be a sponsor of a corporate alliance.
(b) Excess Year.
(1) In general. In subsection (a), the term "excess
year" means, for a corporate alliance, a year (after 2000) for
which
(A) the rate of increase for the corporate
alliance (specified in paragraph (2)) for the year, exceeds
(B) the national corporate inflation factor
(specified in paragraph (3)) for the year.
(2) Rate of increase for corporate alliance.The rate
of increase for a corporate alliance for a year, specified in
this paragraph, is the percentage by which
(A) the average of the annual per capita
expenditure equivalent for the corporate alliance (reported
under section 6021(c)) for the 3-year period ending with such
year, exceeds
(B) the average of the annual per capita
expenditure equivalent for the corporate alliance (reported
under such subsection) for the 3-year period ending with the
previous year.
(3) National corporate inflation factor. The national
corporate inflation factor for a year, specified in this
paragraph, is the average of the general health care inflation
factors (as defined in section 6001(a)(3)) for each of the 3
years ending with such year.
Part 3 TREATMENT OF SINGLE-PAYER STATES
Section 6031 SPECIAL RULES FOR SINGLE-PAYER
STATES.
In the case of a Statewide single-payer State, for purposes
of section 1222, the Board shall compute a Statewide per capita
premium target for each year in the same manner as a regional
alliance per capita premium target is determined under section
6003.
Part 4 TRANSITION PROVISIONS
Section 6041 MONITORING PRICES AND EXPENDITURES.
(a) In General. The Secretary shall establish a program to
monitor prices and expenditures in the health care system in
the United States.
(b) Reports. The Secretary shall periodically report to
the President on
(1) the rate of increase in expenditures in each
sector of the health care system, and
(2) how such rates compare with rate of overall
increase in health care spending and rate of increase in the
consumer price index.
(c) Access to Information.
(1) In general. The Secretary may obtain, through
surveys or otherwise, information on prices and expenditures
for health care services. The Secretary may compel health care
providers and third party payers to disclose such information
as is necessary to carry out the program under this section.
(2) Confidentiality. Non-public information obtained
under this subsection with respect to individual patients is
confidential.
(d) Periodic Reports. The Secretary shall periodically
issue public reports on the matters described in subsection
(b). Title VI, Subtitle B
Subtitle B Premium-Related Financings
Part 1 FAMILY PREMIUM PAYMENTS
Subpart A Family Share
Section 6101 FAMILY SHARE OF PREMIUM.
(a) Requirement. Each family enrolled in a regional
alliance health plan or in a corporate alliance health plan in
a class of family enrollment is responsible for payment of the
family share of premium payable respecting such enrollment.
Such premium may be paid by an employer or other person on
behalf of such a family.
(b) Family Share of Premium Defined.
(1) In general. In this subtitle, the term "family
share of premium" means, with respect to enrollment of a family
(A) in a regional alliance health plan, the amount
specified in paragraph (2) for the class, or
(B) in a corporate alliance health plan, the
amount specified in paragraph (3) for the class.
(2) Regional alliance.
(A) In general. The amount specified in this
paragraph for a health plan based on a class of family
enrollment is the sum of the base amounts described in
subparagraph (B) reduced (but not below zero) by the sum of the
amounts described in subparagraph (C).
(B) Base. The base amounts described in this
subparagraph (for a plan for a class of enrollment) are as
follows:
(i) Regional alliance premium. The premium specified in
section 6102(a) with respect to such class of enrollment.
(ii) Family collection shortfall. 20 percent of the family
collection shortfall add-on (computed under section 6107 for
such class).
(C) Credits and discounts. The amounts described
in this subparagraph (for a plan for a class of enrollment) are
as follows:
(i) Alliance credit. The amount of the alliance credit
under section 6103(a).
(ii) Income related discount. The amount of any income-
related discount provided under section 6104(a)(1).
(iii) Excess premium credit. The amount of any excess
premium credit provided under section 6105.
(iv) Corporate alliance opt-in credit. The amount of any
corporate alliance opt-in credit provided under section 6106.
(v) Additional credit for ssi and afdc recipients. In the
case of an SSI or AFDC family or for whom the amount described
in clause (ii) is equal to the amount described in section
6104(b)(1)(A), the amount described in subparagraph (B)(ii).
(D) Limit on miscellaneous credits. In no case
shall the family share, due to credits under subparagraph (C),
be less than zero.
(3) Corporate alliance.
(A) In general. The amount specified in this
paragraph for a health plan based on a class of family
enrollment is the premium described in subparagraph (B) reduced
(but not below zero) by the sum of the amounts described in
subparagraph (C).
(B) Premium. The premium described in this
subparagraph (for a plan for a class of enrollment) is premium
specified under section 1384 with respect to the plan and class
of enrollment involved.
(C) Credits and discounts. The amounts described
in this subparagraph (for a plan for a class of enrollment)
are as follows:
(i) Alliance credit. The amount of the alliance credit
under section 6103(b).
(ii) Income related discount. The amount of any income-
related discount provided under section 6104(a)(2).
Section 6102 AMOUNT OF PREMIUM.
(a) Regional Alliance. The amount of the premium charged
by a regional alliance for all families in a class of family
enrollment under a regional alliance health plan offered by the
alliance is equal to the product of
(1) the final accepted bid for the plan (as defined in
section 6000(a)(2)),
(2) the uniform per capita conversion factor
(specified under section 1341(b)) for the alliance,
and
(3) the premium class factor established by the Board
for that class under section 1531.
(b) Reference to Corporate Alliance Premium Provisions.
The amount of the premium charged by a corporate alliance for
all families in a class of family enrollment under a corporate
alliance health plan offered by the alliance is specified under
section 1384.
(c) Special Rules for Divided Families. In the case of an
individual who is a qualifying employee of an employer, if the
individual has a spouse or child who is not treated as part of
the individual's family because of section 1012
(1) the combined premium for both families under this
section shall be computed as though such section had not
applied if such combined premium is less than the total of the
premiums otherwise applicable (without regard to this
subsection),
(2) the regional alliance shall divide such combined
premium between the families proportionally (consistent with
rules established by the Board), and
(3) in such case, credits and other amounts shall be
prorated in a manner consistent with rules established by the
Board.
Section 6103 ALLIANCE CREDIT.
(a) Regional Alliances. The credit provided under this
section for a family enrolled in a regional alliance health plan
through a regional alliance for a class of family enrollment is
equal to 80 percent of the weighted average premium (as defined
in section 6000(b)) for health plans offered by the alliance for
the class.
(b) Corporate Alliances. The credit provided under this
section for a family enrolled in a corporate alliance health
plan for a class of family enrollment is equal to the minimum
employer premium payment required under section 6131 with
respect to the family.
Section 6104 PREMIUM DISCOUNT BASED ON INCOME.
(a) In General.
(1) Enrollees in regional alliance health plans. Each
family enrolled with a regional alliance health plan is entitled
to a premium discount under this section, in the amount
specified in subsection (b), if the family
(A) is an AFDC or SSI family,
(B) is determined, under subpart D of part 3 of
subtitle D of title I, to have family adjusted income below 150
percent of the applicable poverty level, or
(C) is a family described in subsection (c)(3) for
which the family obligation amount under subsection (c) for the
year would otherwise exceed a specified percent of family
adjusted income described in such subsection.
(2) Enrollees in corporate alliance health plans.
(A) In general. Subject to subparagraph (B), each
family enrolled with a corporate alliance health plan in a
class of family enrollment by virtue of the full-time
employment of a low-wage employee (as defined in subparagraph
(B)) is entitled to a premium discount under this section in
the amount (if any) by which
(i) 95 percent of the premium (specified in section 1384)
for the least expensive corporate alliance health plan that is
offered to the employee and that is a lower or combination cost
sharing plan (as defined in paragraphs (7) and (20) of section
1902 for that class and premium area), exceeds
(ii) the alliance credit under section 6103(b) for that
class.
(B) Low-wage employee defined.
(i) In general. In this paragraph, the term "low-wage
employee" means, with respect to an employer, an employee who
is employed on a full-time basis and who is receiving wages (as
defined in section 1901(a)(1)(A)) for employment for the
employer, as determined under subparagraph (C)(ii)), at an
annual rate of less than $15,000 (as adjusted under clause
(ii)).
(ii) Indexing. For a year after 1994, the dollar amount
specified in clause (i) shall be increased or decreased by the
same percentage as the percentage increase or decrease by which
the average CPI (described in section 1902(9)) for the 12-month
period ending with August 31 of the preceding year exceeds such
average for the 12-month period ending with August 31, 1993.
(C) Timing of determination.
(i) In general. The determination of whether or not an
employee is a low-wage employee shall be made, in accordance
with rules of the Secretary of Labor, at the time of initial
enrollment and shall also be made at the time of each
subsequent open enrollment period, on the basis of the wages
payable by the employer at that time.
(ii) Effective date. Such determination shall apply as of
the effective date of the initial enrollment, or, in the case
of an open enrollment period, as of the effective date of
changes in enrollment during such period.
(3) No liability for indians and certain veterans and
military personnel.
(A) In general. In the case of an individual
described in subparagraph (B), because the applicable health
plan does not impose any premium for such an individual, the
individual is not eligible for any premium discount under this
section.
(B) Individuals described. An individual described
in this subparagraph is
(i) an electing veteran (as defined in section 1012(d)(1))
who is enrolled under a health plan of the Department of
Veterans Affairs and who, under the laws and rules as in effect
as of December 31, 1994, has a service-connected disability or
who is unable to defray the expenses of necessary care as
determined under section 1722(a) of title 38, United States
Code,
(ii) active duty military personnel (as defined in section
1012(d)(2)), and
(iii) an electing Indian (as defined in section
1012(d)(3)).
(4) Monthly application to afdc and ssi families.
Paragraph (1)(A) (and the family obligation amount under
subsection (c) insofar as it relates to an AFDC or SSI family)
shall be applied to the premium or family obligation amount
only for months in which the family is such an AFDC or SSI
family.
(b) Amount of Premium Discount for Regional Alliance
Health Plans.
(1) In general. Subject to the succeeding paragraphs
of this subsection, the amount of the premium discount under
this subsection for a family enrolled in a regional alliance
health plan under a class of family enrollment is equal to
(A) 20 percent of the weighted average premium for
regional alliance health plans offered by the regional alliance
for that class of enrollment, increased by any amount provided
under paragraph (2); reduced (but not below zero) by
(B) the sum of
(i) the family obligation amount described in subsection
(c), and
(ii) the amount of any employer payment (not required
under part 2) towards the family share of premiums for covered
members of the family.
(2) Increase to assure enrollment in at-or-below-
averagecost plan. If a regional alliance determines that a
family eligible for a discount under this section is unable to
enroll in a at-or-below-average-cost plan (as defined in
paragraph (3)) that serves the area in which the family resides,
the amount of the premium discount under this subsection is
increased but only to such amount as will permit the family to
enroll in a regional alliance health plan without the need to
pay a family share of premium under this part in excess of the
sum described in paragraph (1)(B).
(3) At-or-below-average-cost plan defined. In this
section, the term "at-or-below-average-cost plan" means a
regional alliance health plan the premium for which does not
exceed, for the class of family enrollment involved, the
weighted average premium for the regional alliance.
(c) Family Obligation Amount.
(1) Determination. Subject to paragraphs (2) and (3),
the family obligation amount under this subsection is
determined as follows:
(A) No obligation if income below income threshold
amount or if afdc or ssi family.If the family adjusted income
(as defined in section 1372(d)) of the family is less than the
income threshold amount (specified in paragraph (4)) or if the
family is an AFDC or SSI family, the family obligation amount
is zero.
(B) Income above income threshold amount. If such
income is at least such income threshold amount and the family
is not an AFDC or SSI family, the family obligation amount is
the sum of the following:
(i) For income (above income threshold amount) up to the
poverty level. The product of the initial marginal rate
(specified in paragraph (2)) and the amount by which
(I) the family adjusted income (not including any
portion that exceeds the applicable poverty level for the class
of family involved), exceeds
(II) such income threshold amount.
(ii) Graduated phase out of discount up to 150 percent of
poverty level. The product of the final marginal rate
(specified in paragraph (2)) and the amount by which the family
adjusted income exceeds 100 percent (but is less than 150
percent) of the applicable poverty level.
(2) Marginal rates. In paragraph (1)
(A) Individual marginal rates. For a year for an
individual class of enrollment
(i) Initial marginal rate. The initial marginal rate is
the ratio of
(I) 3 percent of the applicable poverty level for
the individual class of enrollment for the year, to
(II) the amount by which such poverty level
exceeds such income threshold amount.
(ii) Final marginal rate. The final marginal rate is the
ratio of
(I) the amount by which the general family share
(as defined in subparagraph (C)) for an individual class of
enrollment exceeds 3 percent of the applicable poverty level
(for an individual class of enrollment for the year); to
(II) 50 percent of such poverty level.
(B) Family marginal rates .For a year for a family
class of enrollment (as defined in section 1011(c)(2)(A))
(i) Initial marginal rate. The initial marginal rate is
the ratio of
(I) 3 percent of the applicable poverty level for
a dual parent class of enrollment for the year, to
(II) the amount by which such poverty level
exceeds such income threshold amount.
(ii) Final marginal rate. The final marginal rate is the
ratio of
(I) the amount by which the general family share
(as defined in subparagraph (C)) for a dual parent class of
enrollment exceeds 3 percent of the applicable poverty level
(for such a class for the year); to
(II) 50 percent of such poverty level.
(C) General family share. In subparagraphs (A) and
(B), the term "general family share" means, for a class, the
weighted average premium for the class minus the alliance
credit (determined without regard to this section).
(3) Limitation to 3.9 percent for all families.
(A) In general.
(i) Families with income below 150 percent of poverty. In
the case of a family with family adjusted income of less than
150 percent of the applicable poverty level, in no case shall
the family obligation amount under this subsection for the year
exceed 3.9 percent (adjusted under subparagraph (C)) of the
amount of such adjusted income.
(ii) Other families with income below $40,000. In the case
of a family with family adjusted income of at least 150 percent
of the applicable poverty level but less than $40,000 (adjusted
under subparagraph (B)) for a year, the family obligation
amount under this subsection for the year is equal to 3.9
percent (adjusted under subparagraph (C)) of the amount of such
adjusted income.
(B) Indexing of dollar amounts.
(i) In general. For a year after 1994, the dollar amounts
specified in subparagraph (A)(i) and in section 6113(d)(1)(B)
shall be increased or decreased by the same percentage as the
percentage increase or decrease by which the average CPI
(described in section 1902(9)) for the 12-month-period ending
with August 31 of the preceding year exceeds such average for
the 12-month period ending with August 31, 1993.
(ii) Rounding. The dollar amounts adjusted under this
subparagraph shall be rounded each year to the nearest multiple
of $100.
(C) Indexing of percentage.
(i) In general. The percentage specified in subparagraph
(A) shall be adjusted for any year after 1994 so that the
percentage for the year bears the same ratio to the percentage
so specified as the ratio of
(I) 1 plus the general health care inflation
factor (as defined in section 6001(a)(3)) for the year, bears
to
(II) 1 plus the percentage specified in section
1136(b) (relating to indexing of dollar amounts related to cost
sharing) for the year.
(ii) Rounding. Any adjustment under clause (i) for a year
shall be rounded to the nearest multiple of \1/10\ of 1
percentage point.
(4) Income threshold amount.
(A) In general. For purposes of this subtitle, the
income threshold amount specified in this paragraph is $1,000
(adjusted under subparagraph (B)) .
(B) Indexing. For a year after 1994, the income
threshold amount specified in subparagraph (A) shall be
increased or decreased by the same percentage as the percentage
increase or decrease by which the average CPI (described in
section 1902(9)) for the 12-month-period ending with August 31
of the preceding year exceeds such average for the 12-month
period ending with August 31, 1993.
(C) Rounding. Any increase or decrease under
subparagraph (B) for a year shall be rounded to the nearest
multiple of $10.