Page:United States Statutes at Large Volume 117.djvu/2419

 117 STAT. 2400

PUBLIC LAW 108–173—DEC. 8, 2003

‘‘(I) determines that there are no material issues of fact in dispute and that the only issues to be adjudicated are ones of law or regulation that the Departmental Appeals Board does not have authority to decide; or ‘‘(II) fails to make such determination within the period provided under subparagraph (B), then the appellant may bring a civil action as described in this subparagraph. ‘‘(ii) DEADLINE FOR FILING.—Such action shall be filed, in the case described in— ‘‘(I) clause (i)(I), within 60 days of the date of the determination described in such clause; or ‘‘(II) clause (i)(II), within 60 days of the end of the period provided under subparagraph (B) for the determination. ‘‘(iii) VENUE.—Such action shall be brought in the district court of the United States for the judicial district in which the appellant is located (or, in the case of an action brought jointly by more than one applicant, the judicial district in which the greatest number of applicants are located) or in the District Court for the District of Columbia. ‘‘(iv) INTEREST ON ANY AMOUNTS IN CONTROVERSY.—Where a provider of services or supplier is granted judicial review pursuant to this paragraph, the amount in controversy (if any) shall be subject to annual interest beginning on the first day of the first month beginning after the 60-day period as determined pursuant to clause (ii) and equal to the rate of interest on obligations issued for purchase by the Federal Supplementary Medical Insurance Trust Fund for the month in which the civil action authorized under this paragraph is commenced, to be awarded by the reviewing court in favor of the prevailing party. No interest awarded pursuant to the preceding sentence shall be deemed income or cost for the purposes of determining reimbursement due providers of services or suppliers under this title. ‘‘(D) REVIEW ENTITY DEFINED.—For purposes of this subsection, the term ‘review entity’ means an entity of up to three reviewers who are administrative law judges or members of the Departmental Appeals Board selected for purposes of making determinations under this paragraph.’’. (2) CONFORMING AMENDMENT.—Section 1869(b)(1)(F)(ii) (42 U.S.C. 1395ff(b)(1)(F)(ii)) is amended to read as follows: ‘‘(ii) REFERENCE TO EXPEDITED ACCESS TO JUDICIAL REVIEW.—For the provision relating to expedited access to judicial review, see paragraph (2).’’. (b) APPLICATION TO PROVIDER AGREEMENT DETERMINATIONS.— Section 1866(h)(1) (42 U.S.C. 1395cc(h)(1)) is amended— (1) by inserting ‘‘(A)’’ after ‘‘(h)(1)’’; and (2) by adding at the end the following new subparagraph: ‘‘(B) An institution or agency described in subparagraph (A) that has filed for a hearing under subparagraph (A) shall have expedited access to judicial review under this subparagraph in

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