124 STAT. 198 PUBLIC LAW 111–148—MAR. 23, 2010 (B) REQUIREMENT FOR HIGH QUALITY ADMINISTRA- TION.—The Secretary may increase the fee described in subparagraph (A) by not more than 10 percent, or reduce the fee described in subparagraph (A) by not more than 50 percent, based on the extent to which the contracting administrator, in the determination of the Secretary, meets performance requirements established by the Secretary, in at least the following areas: (i) Maintaining low premium costs and low cost sharing requirements, provided that such requirements are consistent with section 1302. (ii) Reducing administrative costs and promoting administrative simplification for beneficiaries. (iii) Promoting high quality clinical care. (iv) Providing high quality customer service to beneficiaries. (C) NON-RENEWAL.—The Secretary may not renew a contract to offer a community health insurance option under this section with any contracting entity that has been assessed more than one reduction under subparagraph (B) during the contract period. (8) LIMITATION.—Notwithstanding the terms of a contract under this subsection, the Secretary shall negotiate the reimbursement rates for purposes of subsection (b)(6). (f) REPORT BY HHS AND INSOLVENCY WARNINGS.— (1) IN GENERAL.—On an annual basis, the Secretary shall conduct a study on the solvency of a community health insur- ance option and submit to Congress a report describing the results of such study. (2) RESULT.—If, in any year, the result of the study under paragraph (1) is that a community health insurance option is insolvent, such result shall be treated as a community health insurance option solvency warning. (3) SUBMISSION OF PLAN AND PROCEDURE.— (A) IN GENERAL.—If there is a community health insur- ance option solvency warning under paragraph (2) made in a year, the President shall submit to Congress, within the 15-day period beginning on the date of the budget submission to Congress under section 1105(a) of title 31, United States Code, for the succeeding year, proposed legis- lation to respond to such warning. (B) PROCEDURE.—In the case of a legislative proposal submitted by the President pursuant to subparagraph (A), such proposal shall be considered by Congress using the same procedures described under sections 803 and 804 of the Medicare Prescription Drug, Improvement, and Mod- ernization Act of 2003 that shall be used for a medicare funding warning. (g) MARKETING PARITY.—In a facility controlled by the Federal Government, or by a State, where marketing or promotional mate- rials related to a community health insurance option are made available to the public, making available marketing or promotional materials relating to private health insurance plans shall not be prohibited. Such materials include informational pamphlets, guide- books, enrollment forms, or other materials determined reasonable for display. President. Deadline.
