; (B) modifying rates; or (C) requiring rebates to consumers. (5) Noncompliance (A) In general Failure to comply with any corrective action taken by the Secretary under this subsection may result in the application of civil monetary penalties described in subparagraph (B) and, if the Secretary determines appropriate, make the plan involved ineligible for classification as a qualified health plan. (B) Civil monetary penalties (i) In general The provisions of section 1128A of the Social Security Act, other than subsection (a) and (b) and the first sentence of subsection (c)(1) of such section, shall apply to civil monetary penalties under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A of the Social Security Act. (ii) Amount The provisions of subparagraph (C) of section 2723(b)(2) shall apply to civil monetary penalties under this paragraph in the same manner as such provisions apply to a penalty under such section. . (b) Clarification of Regulatory Authority Section 2794 of the Public Health Service Act ( 42 U.S.C. 300gg–94 ) is further amended— (1) in subsection (a)— (A) in the subsection 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) in the subsection heading, by striking Premium and inserting Rate ; (B) by striking premium increases each place it appears and inserting rates ; (C) in paragraph (1)— (i) in the paragraph heading, by striking Premium Increase and inserting Rate