SEC. 124. PROCESS FOR ADOPTION OF RECOMMENDATIONS; ADOPTION OF BENEFIT STANDARDS.

[a] Process for Adoption of Recommendations-

[1] REVIEW OF RECOMMENDED STANDARDS- Not later than 45 days after the date of receipt of benefit standards recommended under section 123 [including such standards as modified under paragraph [2][B]], the Secretary shall review such standards and shall determine whether to propose adoption of such standards as a package.

[2] DETERMINATION TO ADOPT STANDARDS- If the Secretary determines--

[A] to propose adoption of benefit standards so recommended as a package, the Secretary shall, by regulation under section 553 of title 5, United States Code, propose adoption such standards; or

[B] not to propose adoption of such standards as a package, the Secretary shall notify the Health Benefits Advisory Committee in writing of such determination and the reasons for not proposing the adoption of such recommendation and provide the Committee with a further opportunity to modify its previous recommendations and submit new recommendations to the Secretary on a timely basis.

[3] CONTINGENCY- If, because of the application of paragraph [2][B], the Secretary would otherwise be unable to propose initial adoption of such recommended standards by the deadline specified in subsection [b][1], the Secretary shall, by regulation under section 553 of title 5, United States Code, propose adoption of initial benefit standards by such deadline.

[4] PUBLICATION- The Secretary shall provide for publication in the Federal Register of all determinations made by the Secretary under this subsection.

[b] Adoption of Standards-

[1] INITIAL STANDARDS- Not later than 18 months after the date of the enactment of this Act, the Secretary shall, through the rulemaking process consistent with subsection [a], adopt an initial set of benefit standards.

[2] PERIODIC UPDATING STANDARDS- Under subsection [a], the Secretary shall provide for the periodic updating of the benefit standards previously adopted under this section.

[3] REQUIREMENT- The Secretary may not adopt any benefit standards for an essential benefits package or for level of cost-sharing that are inconsistent with the requirements for such a package or level under sections 122 and 123[b][5].