124 STAT. 359 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(iii) WEBSITE.—Such information shall be posted on the Hospital Compare Internet website in an easily understandable format. ‘‘(B) AGGREGATE INFORMATION.—The Secretary shall periodically post on the Hospital Compare Internet website aggregate information on the Program, including— ‘‘(i) the number of hospitals receiving value-based incentive payments under paragraph (6) and the range and total amount of such value-based incentive pay- ments; and ‘‘(ii) the number of hospitals receiving less than the maximum value-based incentive payment available to the hospital for the fiscal year involved and the range and amount of such payments. ‘‘(11) IMPLEMENTATION.— ‘‘(A) APPEALS.—The Secretary shall establish a process by which hospitals may appeal the calculation of a hos- pital’s performance assessment with respect to the perform- ance standards established under paragraph (3)(A) and the hospital performance score under paragraph (5). The Secretary shall ensure that such process provides for reso- lution of such appeals in a timely manner. ‘‘(B) LIMITATION ON REVIEW.—Except as provided in subparagraph (A), there shall be no administrative or judicial review under section 1869, section 1878, or other- wise of the following: ‘‘(i) The methodology used to determine the amount of the value-based incentive payment under paragraph (6) and the determination of such amount. ‘‘(ii) The determination of the amount of funding available for such value-based incentive payments under paragraph (7)(A) and the payment reduction under paragraph (7)(B)(i). ‘‘(iii) The establishment of the performance stand- ards under paragraph (3) and the performance period under paragraph (4). ‘‘(iv) The measures specified under subsection (b)(3)(B)(viii) and the measures selected under para- graph (2). ‘‘(v) The methodology developed under paragraph (5) that is used to calculate hospital performance scores and the calculation of such scores. ‘‘(vi) The validation methodology specified in sub- section (b)(3)(B)(viii)(XI). ‘‘(C) CONSULTATION WITH SMALL HOSPITALS.—The Sec- retary shall consult with small rural and urban hospitals on the application of the Program to such hospitals. ‘‘(12) PROMULGATION OF REGULATIONS.—The Secretary shall promulgate regulations to carry out the Program, including the selection of measures under paragraph (2), the methodology developed under paragraph (5) that is used to calculate hospital performance scores, and the methodology used to determine the amount of value-based incentive payments under paragraph (6).’’. (2) AMENDMENTS FOR REPORTING OF HOSPITAL QUALITY INFORMATION.—Section 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)) is amended— Web posting.
