Sec. 1898.115. medicare improvement fund
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/statute-compilations/comps-88888888/sec-1898-115·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 1898.115 medicare improvement fund **[**[42 U.S.C. 1395iii](/us/usc/t42/s1395iii)**]** ###
(a)Establishment The Secretary shall establish under this title a Medicare Improvement Fund (in this section referred to as the “Fund”) which shall be available to the Secretary to make improvements under the original Medicare fee-for-service program under parts A and B for individuals entitled to, or enrolled for, benefits under part or enrolled under part B including adjustments to payments for items and services furnished by providers of services and suppliers under such original Medicare fee-for-service program. ###
(b)Funding ####
(1)In general There shall be available to the Fund, for expenditures from the Fund for services furnished during and after fiscal year 2027, $2,062,000,000. ####
(2)Payment from trust funds The amount specified under paragraph
(1)shall be available to the Fund, as expenditures are made from the Fund, from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund in such proportion as the Secretary determines appropriate. ####
(3)Funding limitation Amounts in the Fund shall be available in advance of appropriations but only if the total amount obligated from the Fund does not exceed the amount available to the Fund under paragraph (1). The Secretary may obligate funds from the Fund only if the Secretary determines (and the Chief Actuary of the Centers for Medicare & Medicaid Services and the appropriate budget officer certify) that there are available in the Fund sufficient amounts to cover all such obligations incurred consistent with the previous sentence. ####
(4)No effect on payments in subsequent years In the case that expenditures from the Fund are applied to, or otherwise affect, a payment rate for an item or service under this title for a year, the payment rate for such item or service shall be computed for a subsequent year as if such application or effect had never occurred. 115The section heading was amended in its entirety by section 3(e)(1) of Public Law 113–185. The formatting as it appears in the law and not reflected here is all small caps bold typeface and probably should have been in small caps light typeface.
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