Page:United States Statutes at Large Volume 111 Part 1.djvu/454

 Ill STAT. 430 PUBLIC LAW 105-33—AUG. 5, 1997 shall estimate the level of expenditures under this part for services described in subsection (a) for that fiscal year. " (2) ADJUSTMENT IN PAYMENTS. — "(A) PROPORTIONAL ADJUSTMENT.— If the Secretary determines that the level estimated under paragraph (1) for a fiscal year will exceed the trigger level (as defined in subparagraph (C)) for that fiscal year, the Secretary shall, subject to subparagraph (B), provide for such a proportional reduction in payment amounts under this part for services described in subsection (a) for the fiscal year involved as will assure that such level (taking into account any adjustment under subparagraph (B)) does not exceed the trigger level for that fiscal year. "(B) ALTERNATIVE ADJUSTMENTS. —The Secretary may, instead of making some or all of the reduction described in subparagraph (A), impose such other conditions or limitations with respect to the coverage of covered services (including limitations on new elections of coverage and new facilities) as may be appropriate to reduce the level of expenditures described in paragraph (1) to the trigger level. "(C) TRIGGER LEVEL.— For purposes of this subsection— "(i) IN GENERAL.— Subject to adjustment under paragraph (3)(B), the 'trigger level' for a year is the unadjusted trigger level described in clause (ii). " (ii) UNADJUSTED TRIGGER LEVEL.— The 'unadjusted trigger level' for— " (I) fiscal year 1998, is $20,000,000, or "(II) a succeeding fiscal year is the amount specified under this clause for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with July preceding the beginning of the fiscal year. "(D) PROHIBITION OF ADMINISTRATIVE AND JUDICIAL REVIEW. —T here shall be no administrative or judicial review under section 1869, 1878, or otherwise of the estimation of expenditures under subparagraph (A) or the application of reduction amounts under subparagraph (B). "(E) EFFECT ON BILLING.— Notwithstanding any other provision of this title, in the case of a reduction in payment provided under this subsection for services of a religious nonmedical health care institution provided to an individual, the amount that the institution is otherwise permitted to charge the individual for such services is increased by the amount of such reduction. " (3) MONITORING EXPENDITURE LEVEL.— "(A) IN GENERAL.— The Secretary shall monitor the expenditure level described in paragraph (2)(A) for each fiscal year (beginning with fiscal year 1999). " (B) ADJUSTMENT IN TRIGGER LEVEL. — "(i) IN GENERAL. —I f the Secretary determines that such level for a fiscal year exceeded, or was less than, the trigger level for that fiscal year, then, subject to clause (ii), the trigger level for the succeeding fiscal

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