applicable portion

(2) Cost-sharing in enrollment-related costs (A) In general A Medicare+Choice organization and a PDP sponsor under part D shall pay the fee established by the Secretary under subparagraph (B). (B) Authorization The Secretary is authorized to charge a fee to each Medicare+Choice organization with a contract under this part and each PDP sponsor with a contract under part D that is equal to the organization’s or sponsor’s pro rata share (as determined by the Secretary) of the aggregate amount of fees which the Secretary is directed to collect in a fiscal year. Any amounts collected shall be available without further appropriation to the Secretary for the purpose of carrying out section 1395w–21 of this title (relating to enrollment and dissemination of information), section 1395w–101(c) of this title , and section 1395b–4 of this title (relating to the health insurance counseling and assistance program). (C) Authorization of appropriations There are authorized to be appropriated for the purposes described in subparagraph (B) for each fiscal year beginning with fiscal year 2001 and ending with fiscal year 2005 an amount equal to $100,000,000, and for each fiscal year beginning with fiscal year 2006 an amount equal to $200,000,000, reduced by the amount of fees authorized to be collected under this paragraph and section 1395w–112(b)(3)(D) of this title for the fiscal year. (D) Limitation In any fiscal year the fees collected by the Secretary under subparagraph (B) shall not exceed the lesser of— (i) the estimated costs to be incurred by the Secretary in the fiscal year in carrying out the activities described in section 1395w–21 of this title and section 1395w–101(c) of this title and section 1395b–4 of this title ; or (ii) (I) $200,000,000 in fiscal year 1998; (II) $150,000,000 in fiscal year 1999; (III) $100,000,000 in fiscal year 2000; (IV) the Medicare+Choice portion (as defined in subparagraph (E)) of $100,000,000 in fiscal year 2001 and each succeeding fiscal year before fiscal year 2006; and (V) the applicable portion (as defined in subparagraph (F)) of $200,000,000 in fiscal year 2006 and each succeeding fiscal year. (E) Medicare+Choice portion defined In this paragraph, the term “Medicare+Choice portion” means, for a fiscal year, the ratio, as estimated by the Secretary, of— (i) the average number of individuals enrolled in Medicare+Choice plans during the fiscal year, to (ii) the average number of individuals entitled to benefits under part A, and enrolled under part B, during the fiscal year. (F) Applicable portion defined In this paragraph, the term “applicable portion” means, for a fiscal year— (i) with respect to MA organizations, the Secretary’s estimate of the total proportion of expenditures under this subchapter that are attributable to expenditures made under this part (including payments under part D that are made to such organizations); or (ii) with respect to PDP sponsors, the Secretary’s estimate of the total proportion of expenditures under this subchapter that are attributable to expenditures made to such sponsors under part D.

Source

42 USC § 1395w-27(e)(2)


Scoping language

In this paragraph
Is this correct? or