114 STAT. 2763A-514 PUBLIC LAW 106-554—APPENDIX F entities with program administration contracts under subsection (b), to maintain adequate records, to afford the Secretary access to such records (including for audit purposes), and to furnish such reports and other materials (including audited financial statements and performance data) as the Secretary may require for purposes of implementation, oversight, and evaluation of the program and of individuals' and entities' effectiveness in performance of such agreements or contracts. "(2) BONUSES. —Notwithstanding any other provision of law, but subject to subparagraph (B)(ii), the Secretary may maijie bonus payments under the demonstration program from the Federal Health Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund in amounts that do not exceed the amounts authorized under the program in accordance with the following: " (A) PAYMENTS TO PROGRAM ADMINISTRATORS.— The Secretary may make bonus payments under the program to program administrators. " (B) PAYMENTS TO ENTITIES FURNISHING SERVICES. — "(i) IN GENERAL.— Subject to clause (ii), the Secretary may make bonus payments to individuals or entities furnishing items or services for which payment may be made under the demonstration program, or may authorize the program administrator to make such bonus payments in accordance with such guidelines as the Secretary shall establish and subject to the Secretary approval. "(ii) LIMITATIONS. —The Secretary may condition such payments on the achievement of such standards related to efficiency, improvement in processes or outcomes of care, or such other factors as the Secretary determines to be appropriate. "(3) ANTIDISCRIMINATION LIMITATION.— The Secretary shall not enter into an agreement with an entity to provide health care items or services under the demonstration program, or with an entity to administer the program, unless such entity guarantees that it will not deny, limit, or condition the coverage or provision of benefits under the program, for individuals eligible to be enrolled under such program, based on any health status-related factor described in section 2'702(a)(l) of the Public Health Service Act. "(d) LIMITATIONS ON JUDICIAL REVIEW. — The following actions and determinations with respect to the demonstration program shall not be subject to review by a judicial or administrative tribunal: "(1) Limiting the implementation of the program under subsection (a)(2). "(2) Establishment of program participation standards under subsection (a)(5) or the denial or termination of, or refusal to renew, an agreement with an entity to provide health care items and services under the program. "(3) Establishment of program administration contract performance standards under subsection (b)(6), the refusal to renew a program administration contract, or the noncompetitive award or renewal of a program administration contract under subsection (b)(4)(B).
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