^-iV^^-rtj^-^ PUBLIC LAW 105-33—AUG. 5, 1997 111 STAT. 413 " (iii) TOTAL PAYMENTS.— The total amount of the additional payments made under this subparagraph for payment units in a fiscal year may not exceed 5 percent of the total payments projected or estimated to be made based on prospective payment rates for pa3ntnent units in that year. "(B) ADJUSTMENT.— The Secretary may provide for such adjustments to the payment amounts under this subsection as the Secretary deems appropriate to take into account the unique circumstances of rehabilitation facilities located in Alaska and Hawaii. "(5) PUBLICATION.— The Secretary shall provide for publica- Federal Register, tion in the Federal Register, on or before August 1 before publication. each fiscal year (beginning with fiscal year 2001), of the classification and weighting factors for case mix groups under paragraph (2) for such fiscal year and a description of the methodology and data used in computing the prospective payment rates under this subsection for that fiscal year. "(6) AREA WAGE ADJUSTMENT. —The Secretary shall adjust the proportion (as estimated by the Secretary from time to time) of rehabilitation facilities' costs which are attributable to wages and wage-related costs, of the prospective payment rates computed under paragraph (3) for area differences in wage levels by a factor (established by the Secretary) reflecting the relative hospital wage level in the geographic area of the rehabilitation facility compared to the national average wage level for such facilities. Not later than October 1, 2001 (and at least every 36 months thereafter), the Secretary shall update the factor under the preceding sentence on the basis of information available to the Secretary (and updated as appropriate) of the wages and wage-related costs incurred in furnishing rehabilitation services. Any adjustments or updates made under this paragraph for a fiscal year shall be made in a manner that assures that the aggregated payments under this subsection in the fiscal year are not greater or less than those that would have been made in the year without such adjustment. "(7) LIMITATION ON REVIEW. —T here shall be no administrative or judicial review under section 1869, 1878, or otherwise of the establishment of— "(A) case mix groups, of the methodology for the classification of patients within such groups, and of the appropriate weighting factors thereof under paragraph (2), "(B) the prospective payment rates under paragraph (3), "(C) outlier and special payments under paragraph (4), and "(D) area wage adjustments under paragraph (6).". (b) CONFORMING AMENDMENTS.— Section 1886(b) (42 U.S.C. 1395ww(b)) is amended— (1) in paragraph (1), by inserting "and other than a rehabilitation facility described in subsection (j)(l)" after "subsection (d)(1)(B)", and (2) in paragraph (3)(B)(i), by inserting "and subsection (j)" after "For purposes of subsection (d)". (c) EFFECTIVE DATE. —The amendments made by this section 42 USC 1395 shall apply to cost reporting periods beginning on or after October note.
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