Page:United States Statutes at Large Volume 123.djvu/501

 123STA T .48 1 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (i i )USEOFPARTD DATA .—Notw it hs t and in g s ec- tions 1860D– 1 5 (d)( 2 )( B ) and 1860D–15( f )(2) , the S ec- r etar ym ay u se data regarding drug c l aims su b mitted for p urposes of section 1860D–15 that are necessary for purposes of subparagraph ( A ). ‘‘( 4 ) APP LIC ATIO N .— ‘‘(A) L I M ITATIONS ON RE V IE W .— T here shall be no administrati v eor 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 (b)( 3 )(B)(i x ), including selection of periods under paragraph (2) for deter- mining, and ma k ing estimates or using proxies of, discharges under paragraph (2)( C ) and inpatient-bed- days, hospital charges, charity charges, and M edicare share under paragraph (2)(D) ‘‘(ii) the methodology and standards for deter- mining a meaningful EHR user under paragraph (3), including selection of measures under paragraph (3)(B), specification of the means of demonstrating meaningful EHR use under paragraph (3)(C), and the hardship exception under subsection (b)(3)(B)(ix)( I I); and ‘‘(iii) the specification of EHR reporting periods under paragraph (6)(B) and the selection of the form of payment under paragraph (2)( F ). ‘‘(B) P OSTIN G ON WE B SITE.—The Secretary shall post on the Internet website of the Centers for Medicare & Medicaid Services, in an easily understandable format, a list of the names of the eligible hospitals that are meaning- ful EHR users under this subsection or subsection (b)(3)(B)(ix) (and a list of the names of critical access hos- pitals to which paragraph (3) or (4) of section 1814(l) applies), and other relevant data as determined appropriate by the Secretary. The Secretary shall ensure that an eligible hospital (or critical access hospital) has the oppor- tunity to review the other relevant data that are to be made public with respect to the hospital (or critical access hospital) prior to such data being made public. ‘‘(5) CERTIFIED E H R TECHNOLOG Y DEFINED.—The term ‘cer- tified EHR technology ’ has the meaning given such term in section 1848(o)(4). ‘‘(6) DEFINITIONS.—For purposes of this subsection ‘‘(A) EHR REPORTING PERIOD.—The term ‘EHR reporting period’ means, with respect to a payment year, any period (or periods) as specified by the Secretary. ‘‘(B) ELIGIBLE HOSPITAL.—The term ‘eligible hospital’ means a subsection (d) hospital.’’. (2) CRITICAL ACCESS HOSPITALS.—Section 1814(l) of the Social Security Act (42 U.S.C. 1395f(l)) is amended— (A) in paragraph (1), by striking ‘‘paragraph (2)’’ and inserting ‘‘the subse q uent paragraphs of this subsection’’; and (B) by adding at the end the following new paragraph: ‘‘(3)(A) The following rules shall apply in determining payment and reasonable costs under paragraph (1) for costs described in subparagraph (C) for a critical access hospital that would be a Regulations.Ap pli c a b ilit y .