Page:United States Statutes at Large Volume 123.djvu/491

 123STA T .47 1 PUBLIC LA W 111 –5—FE B. 17 , 2 0 0 9redun d a n to rdu plic ati v e reportin g ot h er w i s ere q uired , including reporting under su b section (k) ( 2 )( C ) .‘ ‘(C) DEMONSTRA T I ONO F MEANIN G F UL USE OF C ERTIFIE D E H R TECHNOLOG Y AND INFORMATION E X CHANGE. — ‘‘(i) I N GENERAL.— A pro f essional m a y satisfy the demonstration requirement of clauses (i) and (ii) of subparagraph (A) through means specified by the S ec - retary, which may include— ‘‘(I) an attestation ‘‘(II) the submission of claims with appropriate coding (such as a code indicating that a patient encounter was documented using certified EHR technology); ‘‘(III) a survey response; ‘‘(I V ) reporting under subparagraph (A)(iii); and ‘‘(V) other means specified by the Secretary. ‘‘(ii) U SE OF P ART D DATA.— N otwithstanding sec- tions 1860 D – 1 5 (d)(2)( B ) and 1860D–15(f)(2), the Sec- retary may use data regarding drug claims submitted for purposes of section 1860D–15 that are necessary for purposes of subparagraph (A). ‘‘( 3 ) APPLICATION.— ‘‘(A) P HYSICIAN REPORTING SYSTEM RULES.—Paragraphs (5), (6), and (8) of subsection (k) shall apply for purposes of this subsection in the same manner as they apply for purposes of such subsection. ‘‘(B) COORDINATION W ITH OTHER PAYMENTS.— T he provi- sions of this subsection shall not be taken into account in applying the provisions of subsection (m) of this section and of section 1833(m) and any payment under such provi- sions shall not be taken into account in computing allow- able charges under this subsection. ‘‘(C) L IMITATIONS ON RE V IEW.—There shall be no administrative or j udicial review under section 186 9, sec- tion 18 7 8, or otherwise, of— ‘‘(i) the methodology and standards for determining payment amounts under this subsection and payment adjustments under subsection (a)(7)(A), including the limitation under paragraph (1)(B) and coordination under clauses (ii) and (iii) of paragraph (1)(D); ‘‘(ii) the methodology and standards for deter- mining a meaningful EHR user under paragraph (2), including selection of measures under paragraph (2)(B), specification of the means of demonstrating meaningful EHR use under paragraph (2)(C), and the hardship e x ception under subsection (a)(7)(B); ‘‘(iii) the methodology and standards for deter- mining a hospital-based eligible professional under paragraph (1)(C); and ‘‘(iv) the specification of reporting periods under paragraph (5) and the selection of the form of payment under paragraph (1)(D)(i). ‘‘(D) POSTING ON WE B SITE.—The Secretary shall post on the Internet website of the Centers for M edicare & Medicaid Services, in an easily understandable format, a list of the names, business addresses, and business phone