Editorial Note on Part 422
Editorial Note: Nomenclature changes to part 422 appear at 70 FR 4741, Jan. 28, 2005.

§ 422.254 Submission of bids. ( a ) *General rules.* ( 1 ) Not later than the first Monday in June, each MA organization must submit to CMS an aggregate monthly bid amount for each MA plan (other than an MSA plan) the organization intends to offer in the upcoming year in the service area (or segment of such an area if permitted under § 422.262(c)(2)) that meets the requirements in paragraph (b) of this section. With each bid submitted, the MA organization must provide the information required in paragraph (c) of this section and, for plans with rebates as described at § 422.266(a), the MA organization must provide the information required in paragraph (d) of this section.
( 2 ) CMS has the authority to determine whether and when it is appropriate to apply the bidding methodology described in this section to ESRD MA enrollees.
( 3 ) If the bid submission described in paragraphs (a)(1) and (2) of this section is not complete, timely, or accurate, CMS has the authority to impose sanctions under subpart O of this part or may choose not to renew the contract.
( 4 ) CMS may decline to accept any or every otherwise qualified bid submitted by an MA organization or potential MA organization.
( 5 ) After an MA organization is permitted to begin marketing prospective plan year offerings for the following contract year (consistent with § 422.2263(a)), the MA organization must not change and must provide the benefits described in its CMS-approved plan benefit package (PBP) (as defined in § 422.162) for the following contract year without modification, except where a modification in benefits is required by law. This prohibition on changes applies to cost sharing and premiums as well as benefits.
( b ) *Bid requirements.* ( 1 ) The monthly aggregate bid amount submitted by an MA organization for each plan is the organization's estimate of the revenue required for the following categories for providing coverage to an MA eligible beneficiary with a national average risk profile for the factors described in § 422.308(c): ( i ) The unadjusted MA statutory non-drug monthly bid amount, which is the MA plan's estimated average monthly required revenue for providing basic benefits as defined in § 422.100(c)(1).
( ii ) The amount to provide basic prescription drug coverage, if any (defined at section 1860D-2(a)(3) of the Act).
( iii ) The amount to provide supplemental health care benefits, if any.
( 2 ) Each bid is for a uniform benefit package for the service area.
( 3 ) Each bid submission must contain all estimated revenue required by the plan, including administrative costs and return on investment. ( i ) MA plans offering additional telehealth benefits as defined in § 422.135(a) must exclude any capital and infrastructure costs and investments directly incurred or paid by the MA plan relating to such benefits from their bid submission for the unadjusted MA statutory non-drug monthly bid amount.
( ii ) [Reserved]
( 4 ) The bid amount is for plan payments only but must be based on plan assumptions about the amount of revenue required from enrollee cost-sharing. The estimate of plan cost-sharing for the unadjusted MA statutory non-drug monthly bid amount for coverage of basic benefits as defined in § 422.100(c)(1) must reflect the requirement that the level of cost sharing MA plans charge to enrollees must be actuarially equivalent to the level of cost sharing (deductible, copayments, or coinsurance) charged to beneficiaries under the original Medicare fee-for-service program option. The actuarially equivalent level of cost sharing reflected in a regional plan's unadjusted MA statutory non-drug monthly bid amount does not include cost sharing for out-of-network Medicare benefits, as described at § 422.101(d).
( 5 ) *Actuarial valuation.* The bid must be prepared in accordance with CMS actuarial guidelines based on generally accepted actuarial principles. ( i ) A qualified actuary must certify the plan's actuarial valuation (which may be prepared by others under his or her direction or review).
( ii ) To be deemed a qualified actuary, the actuary must be a member of the American Academy of Actuaries.
( iii ) Applicants may use qualified outside actuaries to prepare their bids.
( c ) *Information required for coordinated care plans and MA private fee-for-service plans.* MA organizations' submission of bids for coordinated care plans, including regional MA plans and specialized MA plans for special needs beneficiaries (described at § 422.4(a)(1)(iv)), and for MA private fee-for-service plans must include the following information: ( 1 ) The plan type for each plan.
( 2 ) The monthly aggregate bid amount for the provision of all items and services under the plan, as defined in § 422.252 and discussed in paragraph (a) of this section.
( 3 ) The proportions of the bid amount attributable to- ( i ) The provision of basic benefits as defined in § 422.100(c)(1);
( ii ) The provision of basic prescription drug coverage (as defined at section 1860D-2(a)(3) of the Act; and
( iii ) The provision of supplemental health care benefits (as defined § 422.102).
( 4 ) The projected number of enrollees in each MA local area used in calculation of the bid amount, and the enrollment capacity, if any, for the plan.
( 5 ) The actuarial basis for determining the amount under paragraph (c)(2) of this section, the proportions under paragraph (c)(3) of this section, the amount under paragraph (b)(4) of this section, and additional information as CMS may require to verify actuarial bases and the projected number of enrollees.
( 6 ) A description of deductibles, coinsurance, and copayments applicable under the plan and the actuarial value of the deductibles, coinsurance, and copayments.
( 7 ) For qualified prescription drug coverage, the information required under section 1860D-11(b) of the Act with respect to coverage.
( 8 ) For the purposes of calculation of risk corridors under § 422.458, MA organizations offering regional MA plans in 2006 and/or 2007 must submit the following information developed using the appropriate actuarial bases. ( i ) Projected allowable costs (defined in § 422.458(a)).
( ii ) The portion of projected allowable costs attributable to administrative expenses incurred in providing these benefits.
( iii ) The total projected costs for providing rebatable integrated benefits (as defined in § 422.458(a)) and the portion of costs that is attributable to administrative expenses.
( 9 ) For regional plans, as determined by CMS, the relative cost factors for the counties in a plan's service area, for the purposes of adjusting payment under § 422.308(d) for intra-area variations in an MA organization's local payment rates.
( d ) *Beneficiary rebate information.* In the case of a plan required to provide a monthly rebate under § 422.266 for a year, the MA organization offering the plan must inform CMS how the plan will distribute the beneficiary rebate among the options described at § 422.266(b).
( e ) *Information required for MSA plans.* MA organizations intending to offer MA MSA plans must submit— ( 1 ) The enrollment capacity (if any) for the plan;
( 2 ) The amount of the MA monthly MSA premium for basic benefits (as defined in § 422.252);
( 3 ) The amount of the plan deductible; and
( 4 ) The amount of the beneficiary supplemental premium, if any.
( f ) Separate bids must be submitted for Part A and Part B enrollees and Part B-only enrollees for each MA plan offered.
[63 FR 35085, June 26, 1998, as amended at 70 FR 52026, Sept. 1, 2005; 75 FR 19806, Apr. 15, 2010; 76 FR 21564, Apr. 15, 2011; 83 FR 16733, Apr. 16, 2018; 84 FR 15833, Apr. 16, 2019; 89 FR 30822, Apr. 23, 2024]