124 STAT. 688 PUBLIC LAW 111–148—MAR. 23, 2010 rooms, and beds’ means the number of operating rooms, procedure rooms, and beds for which the applicable hospital is licensed as of the date of enactment of this subsection. ‘‘(D) INCREASE LIMITED TO FACILITIES ON THE MAIN CAMPUS OF THE HOSPITAL.—Any increase in the number of operating rooms, procedure rooms, and beds for which an applicable hospital is licensed pursuant to this para- graph may only occur in facilities on the main campus of the applicable hospital. ‘‘(E) APPLICABLE HOSPITAL.—In this paragraph, the term ‘applicable hospital’ means a hospital— ‘‘(i) that is located in a county in which the percent- age increase in the population during the most recent 5-year period (as of the date of the application under subparagraph (A)) is at least 150 percent of the percentage increase in the population growth of the State in which the hospital is located during that period, as estimated by Bureau of the Census; ‘‘(ii) whose annual percent of total inpatient admis- sions that represent inpatient admissions under the program under title XIX is equal to or greater than the average percent with respect to such admissions for all hospitals located in the county in which the hospital is located; ‘‘(iii) that does not discriminate against bene- ficiaries of Federal health care programs and does not permit physicians practicing at the hospital to discriminate against such beneficiaries; ‘‘(iv) that is located in a State in which the average bed capacity in the State is less than the national average bed capacity; and ‘‘(v) that has an average bed occupancy rate that is greater than the average bed occupancy rate in the State in which the hospital is located. ‘‘(F) PROCEDURE ROOMS.—In this subsection, the term ‘procedure rooms’ includes rooms in which catheterizations, angiographies, angiograms, and endoscopies are performed, except such term shall not include emergency rooms or departments (exclusive of rooms in which catheterizations, angiographies, angiograms, and endoscopies are per- formed). ‘‘(G) PUBLICATION OF FINAL DECISIONS.—Not later than 60 days after receiving a complete application under this paragraph, the Secretary shall publish in the Federal Reg- ister the final decision with respect to such application. ‘‘(H) LIMITATION ON REVIEW.—There shall be no administrative or judicial review under section 1869, sec- tion 1878, or otherwise of the process under this paragraph (including the establishment of such process). ‘‘(4) COLLECTION OF OWNERSHIP AND INVESTMENT INFORMA- TION.—For purposes of subparagraphs (A)(i) and (D)(i) of para- graph (1), the Secretary shall collect physician ownership and investment information for each hospital. ‘‘(5) PHYSICIAN OWNER OR INVESTOR DEFINED.—For pur- poses of this subsection, the term ‘physician owner or investor’ means a physician (or an immediate family member of such Deadline. Federal Register, publication.
