SEC. 1173. INFORMATION FOR BENEFICIARIES ON MA PLAN ADMINISTRATIVE COSTS.

[a] Disclosure of Medical Loss Ratios and Other Expense Data- Section- 1851 of the Social Security Act [42 U.S.C. 1395w-21], as previously amended by this subtitle, is amended by adding at the end the following new subsection:

'[p] Publication of Medical Loss Ratios and Other Cost-related Information-

'[1] IN GENERAL- The Secretary shall publish, not later than November 1 of each year [beginning with 2011], for each MA plan contract, the medical loss ratio of the plan in the previous year.

'[2] SUBMISSION OF DATA-

'[A] IN GENERAL- Each MA organization shall submit to the Secretary, in a form and manner specified by the Secretary, data necessary for the Secretary to publish the medical loss ratio on a timely basis.

'[B] DATA FOR 2010 AND 2011- The data submitted under subparagraph [A] for 2010 and for 2011 shall be consistent in content with the data reported as part of the MA plan bid in June 2009 for 2010.

'[C] USE OF STANDARDIZED ELEMENTS AND DEFINITIONS- The data to be submitted under subparagraph [A] relating to medical loss ratio for a year, beginning with 2012, shall be submitted based on the standardized elements and definitions developed under paragraph [3].

'[3] DEVELOPMENT OF DATA REPORTING STANDARDS-

'[A] IN GENERAL- The Secretary shall develop and implement standardized data elements and definitions for reporting under this subsection, for contract years beginning with 2012, of data necessary for the calculation of the medical loss ratio for MA plans. Not later than December 31, 2010, the Secretary shall publish a report describing the elements and definitions so developed.

'[B] CONSULTATION- The Secretary shall consult with the Health Choices Commissioner, representatives of MA organizations, experts on health plan accounting systems, and representatives of the National Association of Insurance Commissioners, in the development of such data elements and definitions.

'[4] MEDICAL LOSS RATIO TO BE DEFINED- For purposes of this part, the term 'medical loss ratio' has the meaning given such term by the Secretary, taking into account the meaning given such term by the Health Choices Commissioner under section 116 of the America's Affordable Health Choices Act of 2009.'.

[b] 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 contract year [beginning with 2014] that an MA plan has failed to have a medical loss ratio [as defined in section 1851[p][4]] of at least .85--

'[A] the Secretary shall require the Medicare Advantage organization offering the plan to give enrollees a rebate [in the second succeeding contract year] of premiums under this part [or part B or part D, if applicable] by such amount as would provide for a benefits ratio of at least .85;

'[B] for 3 consecutive contract years, the Secretary shall not permit the enrollment of new enrollees under the plan for coverage during 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.'.