PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2155 Commission, and at least 1 member shall be knowledgeable in the field of analyzing costs with respect to the provision of inpatient hospital services. "(ii) The Secretary shall make all appointments to the Board as provided in this paragraph within 180 days after the date of the enactment of this paragraph. "(C)(i) The Board shall consider the application of any subsection (d) hospital requesting that the Secretary change the hot^ital's geographic classification for purposes of determining for a fiscal year— "(I) the hospital's average standardized amount under para- graph (2)(D), or "(11) the area wage index applicable to such hospital under paragraph (3)(E). "(ii) A hospital requesting a change in geographic classification under clause (i) for a fiscal year shall submit its application to the Board not later than the first day of the preceding fiscal year. "(iiiXD The Board shall render a decision on an application submitted under clause (i) not later than 180 days after the deadline referred to in clause (ii). "(ID A decision of the Board shall be final unless the unsuccessful applicant appeals such decision to the Secretary by not later than 15 days after the Board renders its decision. The Secretary in consider- . ing the appeal of an applicant shall receive no new evidence but shall consider the record as a whole as such record appeared before the Board. The Secretary shall issue a decision on such an appeal not later than 90 days after the appeal is filed. The decision of the Secretary shall be final and shall not be subject to judicial review. "(D)(i) The Secretary shall publish guidelines to be utilized by the Board in rendering decisions on applications submitted under this paragraph, and shall include in such guidelines the following: "CD Guidelines for comparing wages, taking into account occupational mix, in the area in which the hospital is classified and the area in which the hospital is applying to be classified. "(ID Guidelines for determining whether the county in which the hospital is located should be treated as being a part of a particular Metropolitan Statistical Area. "(in) Guidelines for considering information provided by an applicant with respect to the effects of the hospital's geographic classification on access to inpatient hospital services by medi- care beneficiaries. "(IV) Guidelines for considering the appropriateness of the criteria used to define New England (Jounty Metropolitan Areas, "(ii) The Secretary shall publish the guidelines described in clause (i) by July 1, 1990. "Xi) The Board shall have full power and authority to make rules and establish procedures, not inconsistent with the provisions of this title or r^ulations of the Secretary, which are necessary or appropriate to cany out the provisions of this paragraph. In the course of any hearing the Boand may administer oaths and affirma- ^ tions. The provisions of subsections (d) and (e) of section 205 with respect to subpenas shall apply to the Board to the same extent as such provisions apply to the Secretary with respect to title II. "(ii) The Board is authorized to engage such technical assistance and to receive such information as may be required to cany out its functions, and the Secretary shall, in addition, make available to the
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