123STA T .486PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (D)AP P LICAT I ON O F PA YME NTA DJUS TMENT .—Inthecas ethata qu a lify in gM A or gani z ation attests that not all eligi b le hos p itals are m eaningful EHR users w ith respect to an applicable perio d, the S ecretary shall apply the payment ad j ustment under this paragraph based on a methodology specified by the Secretary, ta k ing into account the proportion of such eligible hospitals, or dis - charges from such hospitals, that are not meaningful EHR users for such period. ‘‘( 5 ) P OSTIN G ON W E B SITE.— T he Secretary shall post on the Internet website of the C enters for Medicare & Medicaid Ser v ices, in an easily understandable format— ‘‘(A) a list of the names, business addresses, and busi- ness phone numbers of each qualifying MA organization receiving an incentive payment under this subsection for eligible hospitals described in paragraph ( 2 )
and ‘‘( B ) a list of the names of the eligible hospitals for which such incentive payment is based. ‘‘( 6 ) L IMITATIONS ON R E V IEW.—There shall be no adminis- trative or judicial review under section 18 6 9 , section 18 7 8, or otherwise, of— ‘‘(A) the methodology and standards for determining payment amounts and payment adjustments under this subsection, including avoiding duplication of payments under paragraph ( 3 )(B); ‘‘(B) the methodology and standards for determining eligible hospitals under paragraph (2); and ‘‘(C) the methodology and standards for determining a meaningful EHR user under section 1886(n)(3), including specification of the means of demonstrating meaningful EHR use under subparagraph (C) of such section and selec- tion of measures under subparagraph (B) of such section. ’ ’. (d) CONFORMING AMENDMENTS.— (1) Section 181 4 (b) of the Social Security Act (42 U .S.C. 1395f(b)) is amended— (A) in paragraph (3), in the matter preceding subpara- graph (A), by inserting ‘‘, subject to section 1886(d)(3)(B)(i x )(III),’’ after ‘‘then’’; and (B) by adding at the end the following
‘‘ F or purposes of applying paragraph (3), there shall be taken into account incentive payments, and payment adjustments under sub- section (b)(3)(B)(ix) or (n) of section 1886.’’. (2) Section 1851(i)(1) of the Social Security Act (42 U.S.C. 1395w – 21(i)(1)) is amended by striking ‘‘and 1886(h)(3)(D)’’ and inserting ‘‘1886(h)(3)(D), and 1853(m)’’. (3) Section 1853 of the Social Security Act (42 U.S.C. 1395w–23), as amended by section 41 0 1(d), is amended— (A) in subsection (c)— (i) in paragraph (1)(D)(i), by striking ‘‘1848(o)’’ and inserting ‘‘, 1848(o), and 1886(n)’’; and (ii) in paragraph (6)(A), by inserting ‘‘and sub- sections (b)(3)(B)(ix) and (n) of section 1886’’ after ‘‘sec- tion 1848’’; and (B) in subsection (f), by inserting ‘‘and subsection (m)’’ after ‘‘under subsection (l)’’.
