124 STAT. 376 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(10) LIMITATIONS ON REVIEW.—There shall be no adminis- trative or judicial review under section 1869, section 1878, or otherwise of— ‘‘(A) the establishment of the value-based payment modifier under this subsection; ‘‘(B) the evaluation of quality of care under paragraph (2), including the establishment of appropriate measures of the quality of care under paragraph (2)(B); ‘‘(C) the evaluation of costs under paragraph (3), including the establishment of appropriate measures of costs under such paragraph; ‘‘(D) the dates for implementation of the value-based payment modifier; ‘‘(E) the specification of the initial performance period and any other performance period under paragraphs (4)(B)(ii) and (8)(B), respectively; ‘‘(F) the application of the value-based payment modi- fier under paragraph (7); and ‘‘(G) the determination of costs under paragraph (8)(A).’’. SEC. 3008. PAYMENT ADJUSTMENT FOR CONDITIONS ACQUIRED IN HOSPITALS. (a) IN GENERAL.—Section 1886 of the Social Security Act (42 U.S.C. 1395ww), as amended by section 3001, is amended by adding at the end the following new subsection: ‘‘(p) ADJUSTMENT TO HOSPITAL PAYMENTS FOR HOSPITAL ACQUIRED CONDITIONS.— ‘‘(1) IN GENERAL.—In order to provide an incentive for applicable hospitals to reduce hospital acquired conditions under this title, with respect to discharges from an applicable hospital occurring during fiscal year 2015 or a subsequent fiscal year, the amount of payment under this section or section 1814(b)(3), as applicable, for such discharges during the fiscal year shall be equal to 99 percent of the amount of payment that would otherwise apply to such discharges under this sec- tion or section 1814(b)(3) (determined after the application of subsections (o) and (q) and section 1814(l)(4) but without regard to this subsection). ‘‘(2) APPLICABLE HOSPITALS.— ‘‘(A) IN GENERAL.—For purposes of this subsection, the term ‘applicable hospital’ means a subsection (d) hospital that meets the criteria described in subparagraph (B). ‘‘(B) CRITERIA DESCRIBED.— ‘‘(i) IN GENERAL.—The criteria described in this subparagraph, with respect to a subsection (d) hospital, is that the subsection (d) hospital is in the top quartile of all subsection (d) hospitals, relative to the national average, of hospital acquired conditions during the applicable period, as determined by the Secretary. ‘‘(ii) RISK ADJUSTMENT.—In carrying out clause (i), the Secretary shall establish and apply an appropriate risk adjustment methodology. ‘‘(C) EXEMPTION.—In the case of a hospital that is paid under section 1814(b)(3), the Secretary may exempt such hospital from the application of this subsection if the State which is paid under such section submits an Deadline. Reports. Determination. Definition.
