; and (II) in the case that such hospital has a disproportionate patient percentage of greater than 40 percent, 10 percent plus 60 percent of the number of percentage points by which such hospital’s disproportionate patient percentage exceeds 40 percent. (ii) For purposes of this subparagraph, the term disproportionate patient percentage has the meaning given such term in subsection (d)(5)(F)(vi), except that in applying such meaning any reference under such subsection to individuals entitled to supplementary security income under title XVI shall be deemed for purposes of this subparagraph to include individuals— (I) eligible for medical assistance under a State plan under title XIX; or (II) receiving aid or assistance under any plan of the territory approved under title I, X, XIV, or XVI. . B Part B 211. Eliminating late enrollment penalties under Part B of the medicare program for certain individuals residing in Puerto Rico (a) In general Section 1839(b) of the Social Security Act ( 42 U.S.C. 1395r(b) ) is amended in the second sentence by inserting or months occurring in the 5-year period beginning on the date on which the individual becomes entitled to benefits under part A if such individual was residing in Puerto Rico as of such date and such date is after the date that is 4 years before the date of the enactment of the Territories Health Equity Act of 2023 before the period at the end of such sentence. (b) Application The amendment made by subsection (a) shall apply with respect to premiums paid for months beginning on or after the date of the enactment of this Act. C Medicare Advantage (Part C) 221. Adjustment in benchmark for low-base payment counties in Puerto Rico Section 1853(n) of the Social Security Act ( 42 U.S.C. 1395w–23(n) ) is amended— (1) in paragraph (1), by striking and (5) and inserting (5), and (6) ; (2) in paragraph (4), by striking In no case and inserting Subject to paragraph (6), in no case