123STA T .475PUBLIC LA W 111 – 5 —FE B. 17 , 2 0 0 9payment a djus tment unde r para g rap h(1) sha l l b ee q ual t o the per c ent spec if ied in subparagraph ( B ) for such year of the payment amount other w ise pro v ided under this sec - tion for such year .‘ ‘(B) SPECIF IE D PE R CE NT . —T he percent specified under this subparagraph for a year is 1 0 0 percent minus a number of percentage points equal to the product of— ‘‘(i) the number of percentage points by which the applicable percent (under section 1 84 8(a)( 7 )( A )(ii)) for the year is less than 100 percent
and ‘‘(ii) the M edicare physician e x penditure proportion specified in subparagraph ( C ) for the year. ‘‘(C) MEDIC A REP HYS ICIAN E X PENDIT U RE PR O PORTION.— The Medicare physician expenditure proportion under this subparagraph for a year is the Secretary ’ s estimate of the proportion , of the expenditures under parts A and B that are not attributable to this part, that are attrib- utable to expenditures for physicians’ services. ‘‘( D ) APP L ICATION OF PAY M ENT AD J USTMENT.— I n the case that a qualifying MA organi z ation attests that not all eligible professionals of the organization are meaningful EHR users with respect to a year, the Secretary shall apply the payment adjustment under this paragraph based on the proportion of all such eligible professionals of the organization that are not meaningful EHR users for such year. ‘‘( 5 ) Q UALIFYIN G MA ORGANI Z ATION DEFINED.—In this sub- section and subsection (m), the term ‘qualifying MA organiza- tion’ means a Medicare Advantage organization that is orga- nized as a health maintenance organization (as defined in sec- tion 2 7 9 1(b)( 3 ) of the P ublic Health Service Act). ‘‘( 6 ) MEANINGFUL EHR USER ATTESTATION.— F or purposes of this subsection and subsection (m), a qualifying MA organiza- tion shall submit an attestation, in a form and manner specified by the Secretary which may include the submission of such attestation as part of submission of the initial bid under section 1854(a)(1)(A)(iv), identifying— ‘‘(A) whether each eligible professional described in paragraph (2), with respect to such organization is a mean- ingful EHR user (as defined in section 1848(o)(2)) for a year specified by the Secretary; and ‘‘(B) whether each eligible hospital described in sub- section (m)(1), with respect to such organization, is a mean- ingful EHR user (as defined in section 1886(n)(3)) for an applicable period specified by the Secretary. ‘‘(7) POSTING ON W E 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, business addresses, and business phone numbers of— ‘‘(A) each qualifying MA organization receiving an incentive payment under this subsection for eligible profes- sionals of the organization; and ‘‘(B) the eligible professionals of such organization for which such incentive payment is based. ‘‘(8) L IMITATION ON RE V IEW.—There shall be no administra- tive or judicial review under section 1869, section 1878, or otherwise, of— At t es t a t ion.
