Special rules for MA regional plans

42 U.S. Code § 1395w-27a. Special rules for MA regional plans

(a) Regional service area; establishment of MA regions
(1) Coverage of entire MA region
The service area for an MA regional plan shall consist of an entire MA region established under paragraph (2) and the provisions of section 1395w–24(h) of this title shall not apply to such a plan.
(2) Establishment of MA regions
(A) MA region
For purposes of this subchapter, the term “MA region” means such a region within the 50 States and the District of Columbia as established by the Secretary under this paragraph.
(B) Establishment
(i) Initial establishment
Not later than January 1, 2005, the Secretary shall first establish and publish MA regions.
(ii) Periodic review and revision of service areas
The Secretary may periodically review MA regions under this paragraph and, based on such review, may revise such regions if the Secretary determines such revision to be appropriate.
(C) Requirements for MA regionsThe Secretary shall establish, and may revise, MA regions under this paragraph in a manner consistent with the following:
(i) Number of regions
There shall be no fewer than 10 regions, and no more than 50 regions.
(ii) Maximizing availability of plans
The regions shall maximize the availability of MA regional plans to all MA eligible individuals without regard to health status, especially those residing in rural areas.
(D) Market survey and analysis
Before establishing MA regions, the Secretary shall conduct a market survey and analysis, including an examination of current insurance markets, to determine how the regions should be established.
(3) National plan
Nothing in this subsection shall be construed as preventing an MA regional plan from being offered in more than one MA region (including all regions).
(b) Application of single deductible and catastrophic limit on out-of-pocket expensesAn MA regional plan shall include the following:
(1) Single deductible
Any deductible for benefits under the original medicare fee-for-service program option shall be a single deductible (instead of a separate inpatient hospital deductible and a part B deductible) and may be applied differentially for in-network services and may be waived for preventive or other items and services.
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