SEC. 1166. LIMITATION OF WAIVER AUTHORITY FOR EMPLOYER GROUP PLANS.

[a] In General- The first sentence of paragraph [2] of section 1857[i] of the Social Security Act [42 U.S.C. 1395w-27[i]] is amended by inserting before the period at the end the following: ', but only if 90 percent of the Medicare Advantage eligible individuals enrolled under such plan reside in a county in which the MA organization offers an MA local plan'.

[b] Effective Date- The amendment made by subsection [a] shall apply for plan years beginning on or after January 1, 2011, and shall not apply to plans which were in effect as of December 31, 2010.