; (B) modifying rates; or (C) requiring rebates to consumers. (5) Noncompliance Failure to comply with any corrective action taken by the Secretary under this subsection may result in the application of civil monetary penalties and, if the Secretary determines appropriate, make the plan involved ineligible for classification as a Qualified Health Plan. . (b) Clarification of Regulatory Authority Such section 2794 is further amended— (1) in subsection (a)— (A) in the heading, by striking premium and inserting rate ; (B) in paragraph (1), by striking unreasonable increases in premiums and inserting potentially excessive, unjustified, or unfairly discriminatory rates, including premiums, ; and (C) in paragraph (2)— (i) by striking an unreasonable premium increase and inserting a potentially excessive, unjustified, or unfairly discriminatory rate ; (ii) by striking the increase and inserting the rate ; and (iii) by striking such increases and inserting such rates ; and (2) in subsection (b)— (A) by striking premium increases each place it appears and inserting rates ; and (B) in paragraph (2)(B), by striking premium and inserting rate . (c) Conforming amendment Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq.) is amended— (1) in section 2723 ( 42 U.S.C. 300gg–22 )— (A) in subsection (a)— (i) in paragraph (1), by inserting and section 2794 after this part ; and (ii) in paragraph (2), by inserting or section 2794 after this part ; and (B) in subsection (b)— (i) in paragraph (1), by inserting and section 2794 after this part ; and (ii) in paragraph (2)— (I) in subparagraph (A), by inserting or section 2794 that is after this part ; and (II) in subparagraph (C)(ii), by inserting or section 2794 after this part ; and (2) in section 2761 ( 42 U.S.C. 300gg–61 )— (A) in subsection (a)— (i) in paragraph (1), by inserting and section 2794 after this part ; and (ii) in paragraph (2)— (I) by inserting or section 2794 after set forth in this part