249 
(B) by inserting before the period at the 
end the following: ‘‘, or (iii) to compliance with 
the requirements of subsection (e)(4) and the 
extent to which administrative costs comply 
with the applicable requirements for such costs 
under the Federal Acquisition Regulation’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply for contract years be-
ginning after the date of the enactment of this Act. 
(c) MINIMUM
MEDICAL
LOSS
RATIO.—Section 
1857(e) of the Social Security Act (42 U.S.C. 1395w– 
27(e)) is amended by adding at the end the following new 
paragraph: 
‘‘(4) REQUIREMENT
FOR
MINIMUM
MEDICAL 
LOSS RATIO.—If the Secretary determines for a con-
tract year (beginning with 2010) that an MA plan 
has failed to have a medical loss ratio (as defined in 
section 1851(j)(4)) of at least .85— 
‘‘(A) for that contract year, the Secretary 
shall reduce the blended benchmark amount 
under subsection (l) for the second succeeding 
contract year by the numer of percentage points 
by which such loss ratio was less than 85 per-
cent; 
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‘‘(B) for 3 consecutive contract years, the 
Secretary shall not permit the enrollment of 
new enrollees under the plan for coverage dur-
ing the second succeeding contract year; and 
‘‘(C) the Secretary shall terminate the plan 
contract if the plan fails to have such a medical 
loss ratio for 5 consecutive contract years.’’. 
(d) INFORMATION ON MEDICARE PART C PLAN EN-
ROLLMENT AND SERVICES.—Section 1851 of such Act, as 
amended by subsection (a), is further amended by adding 
at the end the following new subsection: 
‘‘(k) PUBLICATION OF ENROLLMENT AND OTHER IN-
FORMATION.— 
‘‘(1) MONTHLY
PUBLICATION
OF
PLAN-SPE-
CIFIC
ENROLLMENT
DATA.—The Secretary shall 
publish (on the public website of the Centers for 
Medicare & Medicaid Services or otherwise) not later 
than 30 days after the end of each month (beginning 
with January 2008) on the actual enrollment in each 
Medicare Part C plan by contract and by county. 
‘‘(2) AVAILABILITY OF OTHER INFORMATION.— 
The Secretary shall make publicly available data and 
other information in a format that may be readily 
used for analysis of the Medicare Part C program 
under this part and will contribute to the under-
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standing of the organization and operation of such 
program.’’. 
(e) MEDPAC REPORT ON VARYING MINIMUM MED-
ICAL LOSS RATIOS.— 
(1) STUDY.—The Medicare Payment Advisory 
Commission shall conduct a study of the need and 
feasibility ofproviding for different minimum medical 
loss ratios for different types of Medicare Part C 
plans, including coordinated care plans, group model 
plans, coordinated care independent practice associa-
tion plans, preferred provider organization plans, 
and private fee-for-services plans. 
(2) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, submit to Con-
gress a report on the study conducted under para-
graph (1). 
Subtitle C—Quality and Other 
Provisions 
SEC. 421. REQUIRING ALL MA PLANS TO MEET EQUAL 
STANDARDS. 
(a) COLLECTION
AND REPORTING
OF INFORMA-
TION.— 
(1) IN
GENERAL.—Section 1852(e)(1) of the 
Social Security Act (42 U.S.C. 1395w–112(e)(1)) is 
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amended by striking ‘‘(other than an MA private 
fee-for-service plan or an MSA plan)’’. 
(2) REPORTING FOR PRIVATE FEE-FOR-SERV-
ICES AND MSA PLANS.—Section 1852(e)(3) of such 
Act is amended by adding at the end the following 
new subparagraph: 
‘‘(C) DATA
COLLECTION
REQUIREMENTS 
BY PRIVATE FEE-FOR-SERVICE PLANS AND MSA 
PLANS.— 
‘‘(i) USING MEASURES FOR PPOS FOR 
CONTRACT YEAR 2009.—For contract year 
2009, the Medicare Part C organization of-
fering a private fee-for-service plan or an 
MSA plan shall submit to the Secretary for 
such plan the same information on the 
same performance measures for which such 
information is required to be submitted for 
Medicare Part C plans that are preferred 
provider organization plans for that year. 
‘‘(ii) APPLICATION
OF
SAME
MEAS-
URES AS COORDINATED CARE PLANS BE-
GINNING IN CONTRACT YEAR 2010.—For a 
contract year beginning with 2010, a Medi-
care Part C organization offering a private 
fee-for-service plan or an MSA plan shall 
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submit to the Secretary for such plan the 
same information on the same performance 
measures for which such information is re-
quired to be submitted for such contract 
year Medicare Part C plans described in 
section 1851(a)(2)(A)(i) for contract year 
such contract year.’’. 
(3) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to contract years begin-
ning on or after January 1, 2009. 
(b) EMPLOYER PLANS.— 
(1) IN GENERAL.—The first sentence of para-
graph (2) of section 1857(i) of such Act (42 U.S.C. 
1395w–27(i)) is amended by inserting before the pe-
riod at the end the following: ‘‘, but only if 90 per-
cent of the Medicare part C eligible individuals en-
rolled under such plan reside in a county in which 
the Medicare Part C organization offers a Medicare 
Part C local plan’’. 
(2) LIMITATION ON APPLICATION OF WAIVER 
AUTHORITY.—Paragraphs (1) and (2) of such sec-
tion are each amended by inserting ‘‘that were in ef-
fect before the date of the enactment of the Chil-
dren’s Health and Medicare Protection Act of 2007’’ 
after ‘‘waive or modify requirements’’. 
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