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124 STAT. 1019 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(II) with respect to all markets described in subparagraph (D)(ii)(I), a medical loss ratio of not less than 90 percent, and ‘‘(iii) with respect to annual payment dates in cal-endar years after 2011, for which the medical loss ratio (determined in a manner consistent with the determination of such ratio under section 2718(b)(1)(A) of the Public Health Service Act) with respect to all such markets for such entity for the preceding calendar year is not less than 89 percent (except that with respect to such annual payment date for 2012, the calculation under 2718(b)(1)(B)(ii) of such Act is deter-mined by reference to the previous year, and with respect to such annual payment date for 2013, such calculation is determined by reference to the average for the previous 2 years).’’. (d) CERTAININSURANCEEXEMPTEDFROMFEE.—Paragraph (3) of section 9010(h) of this Act is amended to read as follows: ‘‘(3) HEALTHINSURANCE.—The term ‘health insurance’...