; (ii) by striking subsections (b) and (c); and (iii) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; (B) by repealing section 1602; and (C) in section 8204(c)(1), by striking using a negotiated rulemaking process to develop regulations for implementation no later than the 2017–2018 academic year, shall define and inserting shall, for implementation no later than the 2017–2018 academic year, define . (3) Health insurance portability and accountability act of 1996 Section 216(b) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320a–7b note) to read as follows: (b) Rulemaking for risk-Sharing exception (1) Establishment The Secretary of Health and Human Services (in this subsection referred to as the Secretary ) shall establish standards relating to the exception for risk-sharing arrangements to the antikickback penalties described in section 1128B(b)(3)(F) of the Social Security Act, as added by subsection (a). (2) Factors to consider In establishing standards relating to the exception for risk-sharing arrangements to the anti-kickback penalties under subparagraph (A), the Secretary— (A) shall consult with the Attorney General and representatives of the hospital, physician, other health practitioner, and health plan communities, and other interested parties; and (B) shall take into account— (i) the level of risk appropriate to the size and type of arrangement; (ii) the frequency of assessment and distribution of incentives; (iii) the level of capital contribution; and (iv) the extent to which the risk-sharing arrangement provides incentives to control the cost and quality of health care services. . (4) Higher education act of 1965 The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— (A) in section 207— (i) by striking subsection (c); and (ii) by redesignating subsection (d) as subsection (c); (B) in section 422(g)(1)— (i) in subparagraph (B), by adding and at the end; (ii) in subparagraph (C), by striking