Page:United States Statutes at Large Volume 117.djvu/2418

 PUBLIC LAW 108–173—DEC. 8, 2003

117 STAT. 2399

Medical Insurance Trust Fund, established under section 1841 of such Act (42 U.S.C. 1395t)) to the Secretary such sums as are necessary for fiscal year 2005 and each subsequent fiscal year to— (1) increase the number of administrative law judges (and their staffs) under subsection (b)(4); (2) improve education and training opportunities for administrative law judges (and their staffs); and (3) increase the staff of the Departmental Appeals Board. (d) CONFORMING AMENDMENT.—Section 1869(f)(2)(A)(i) (42 U.S.C. 1395ff(f)(2)(A)(i)) is amended by striking ‘‘of the Social Security Administration’’. SEC. 932. PROCESS FOR EXPEDITED ACCESS TO REVIEW.

(a) EXPEDITED ACCESS TO JUDICIAL REVIEW.— (1) IN GENERAL.—Section 1869(b) (42 U.S.C. 1395ff(b)) is amended— (A) in paragraph (1)(A), by inserting ‘‘, subject to paragraph (2),’’ before ‘‘to judicial review of the Secretary’s final decision’’; and (B) by adding at the end the following new paragraph: ‘‘(2) EXPEDITED ACCESS TO JUDICIAL REVIEW.— ‘‘(A) IN GENERAL.—The Secretary shall establish a process under which a provider of services or supplier that furnishes an item or service or an individual entitled to benefits under part A or enrolled under part B, or both, who has filed an appeal under paragraph (1) (other than an appeal filed under paragraph (1)(F)(i)) may obtain access to judicial review when a review entity (described in subparagraph (D)), on its own motion or at the request of the appellant, determines that the Departmental Appeals Board does not have the authority to decide the question of law or regulation relevant to the matters in controversy and that there is no material issue of fact in dispute. The appellant may make such request only once with respect to a question of law or regulation for a specific matter in dispute in a case of an appeal. ‘‘(B) PROMPT DETERMINATIONS.—If, after or coincident with appropriately filing a request for an administrative hearing, the appellant requests a determination by the appropriate review entity that the Departmental Appeals Board does not have the authority to decide the question of law or regulations relevant to the matters in controversy and that there is no material issue of fact in dispute, and if such request is accompanied by the documents and materials as the appropriate review entity shall require for purposes of making such determination, such review entity shall make a determination on the request in writing within 60 days after the date such review entity receives the request and such accompanying documents and materials. Such a determination by such review entity shall be considered a final decision and not subject to review by the Secretary. ‘‘(C) ACCESS TO JUDICIAL REVIEW.— ‘‘(i) IN GENERAL.—If the appropriate review entity—

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