average)’’ and inserting ‘‘applicable consumer price 
index’’; 
(10) in section 1842(o)(5)(C), by striking ‘‘con-
sumer price index’’ and inserting ‘‘applicable con-
sumer price index’’; 
(11) in section 1842(s)(1), by striking ‘‘con-
sumer price index for all urban consumers (United 
States city average)’’ and inserting ‘‘applicable con-
sumer price index’’; 
(12) in subparagraphs (D)(ii) and (E)(i)(II) of 
section 1860D–14(a)(3), by striking ‘‘consumer 
price index (all items; U.S. city average)’’ and in-
serting ‘‘applicable consumer price index’’ each place 
it appears; 
(13) in clauses (i) and (ii) of section 1860D–
14(a)(4)(A), by striking ‘‘consumer price index (all 
items; U.S. city average)’’ and inserting ‘‘applicable 
consumer price index’’ each place it appears; 
(14) in section 1869(b)(1)(E)(iii), by inserting 
‘‘(I) for any such year ending before the second cal-
endar year following the calendar year in which the 
COLA Fairness Act of 2005 was enacted,’’ after 
‘‘shall be equal to’’, and by inserting after ‘‘the year 
involved’’ the following ‘‘, and (II) for any such year 
ending with or after such second calendar year, such
dollar amounts determined under subclause (I) for 
the year preceding such second calendar year, in-
creased by the percentage increase in the medical 
care component (or corresponding component) of the 
applicable consumer price index, published by the 
Bureau of Labor Statistics, for July of such pre-
ceding year to July preceding the year involved’’; 
(15) in section 1882(p)(11)(C)(ii), by striking 
‘‘Consumer Price Index for all urban consumers (all 
items; U.S. city average)’’ and inserting ‘‘applicable 
consumer price index’’; 
(16) in section 1886(h)(2)(E)(vi)(II), by strik-
ing ‘‘for all urban consumers’’; and 
(17) in section 1886(h)(5)(B), by striking 
‘‘Consumer Price Index for All Urban Consumers 
(United States city average), as published by the 
Secretary of Commerce’’ and inserting ‘‘applicable 
consumer price index’’. 
(b) DEFINITION OF APPLICABLE CONSUMER PRICE 
INDEX.—Section 1861 of such Act (42 U.S.C. 1395x) is 
amended by adding at the end the following new sub-
section: 
‘‘Applicable Consumer Price Index 
‘‘(bbb) The term ‘applicable consumer price index’ 
means, in connection with any person affected by an ad-
justment to be made under this title based on such index, 
the Regional Consumer Price Index (as prescribed from 
time to time by the Bureau of Labor Statistics pursuant 
to section 2(c) of the COLA Fairness Act of 2005) for 
the region in which such person resides (in the case of 
an individual) or maintains principal offices (in any other 
case) at the time the adjustment takes effect. The Sec-
retary of Health and Human Services shall prescribe by 
regulation, in connection with each requirement for an ad-
justment under this title based on a Regional Consumer 
Price Index, the manner in which such adjustment is to 
be determined to affect particular persons for purposes of 
this subsection.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to determinations 
made for periods ending after December 31 of the second 
calendar year following the calendar year in which this Act 
was enacted.
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