Page:United States Statutes at Large Volume 124.djvu/459

 124 STAT. 433 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(i) FISCAL YEARS 2015, 2016, AND 2017.—For each of fiscal years 2015, 2016, and 2017, a factor equal to 1 minus the percent change (divided by 100) in the percent of individuals under the age of 65 who are uninsured, as determined by comparing the percent of such individuals— ‘‘(I) who are uninsured in 2012, the last year before coverage expansion under the Patient Protection and Affordable Care Act (as calculated by the Secretary based on the most recent esti- mates available from the Director of the Congres- sional Budget Office before a vote in either House on such Act that, if determined in the affirmative, would clear such Act for enrollment); and ‘‘(II) who are uninsured in the most recent period for which data is available (as so cal- culated). ‘‘(ii) 2018 AND SUBSEQUENT YEARS.—For fiscal year 2018 and each subsequent fiscal year, a factor equal to 1 minus the percent change (divided by 100) in the percent of individuals who are uninsured, as deter- mined by comparing the percent of individuals— ‘‘(I) who are uninsured in 2012 (as estimated by the Secretary, based on data from the Census Bureau or other sources the Secretary determines appropriate, and certified by the Chief Actuary of the Centers for Medicare & Medicaid Services); and ‘‘(II) who are uninsured in the most recent period for which data is available (as so estimated and certified). ‘‘(C) FACTOR THREE.—A factor equal to the percent, for each subsection (d) hospital, that represents the quotient of— ‘‘(i) the amount of uncompensated care for such hospital for a period selected by the Secretary (as estimated by the Secretary, based on appropriate data (including, in the case where the Secretary determines that alternative data is available which is a better proxy for the costs of subsection (d) hospitals for treating the uninsured, the use of such alternative data)); and ‘‘(ii) the aggregate amount of uncompensated care for all subsection (d) hospitals that receive a payment under this subsection for such period (as so estimated, based on such data). ‘‘(3) LIMITATIONS ON REVIEW.—There shall be no adminis- trative or judicial review under section 1869, section 1878, or otherwise of the following: ‘‘(A) Any estimate of the Secretary for purposes of determining the factors described in paragraph (2). ‘‘(B) Any period selected by the Secretary for such purposes.’’.