Code of Federal Regulations (Last Updated: July 5, 2024) |
Title 42 - Public Health |
Chapter IV - Centers for Medicare & Medicaid Services, Department of Health and Human Services |
SubChapter G - Standards and Certification |
Part 495 - Standards for the Electronic Health Record Technology Incentive Program |
Subpart B - Requirements Specific to the Medicare Program |
§ 495.110 - Preclusion on administrative and judicial review.
-
§ 495.110 Preclusion on administrative and judicial review.
There is no administrative or judicial review under sections 1869 or 1878 of the Act, or otherwise, of the following:
(a) For EPs -
(1) The methodology and standards for determining EP incentive payment amounts;
(2) The methodology and standards for determining the payment adjustments that apply to EPs beginning with 2015;
(3) The methodology and standards for determining whether an EP is a meaningful EHR user, including -
(i) The selection of clinical quality measures; and
(ii) The means of demonstrating meaningful EHR use.
(4) The methodology and standards for determining the hardship exception to the payment adjustments;
(5) The methodology and standards for determining whether an EP is hospital-based; and
(6) The specification of the EHR reporting period, as well as whether payment will be made only once, in a single consolidated payment, or in periodic installments.
(b) For eligible hospitals -
(1) The methodology and standards for determining the incentive payment amounts made to eligible hospitals, including -
(i) The estimates or proxies for determining discharges, inpatient-bed-days, hospital charges, charity charges, and Medicare share; and
(ii) The period used to determine such estimate or proxy;
(2) The methodology and standards for determining the payment adjustments that apply to eligible hospitals beginning with FY 2015;
(3) The methodology and standards for determining whether an eligible hospital is a meaningful EHR user, including -
(i) The selection of clinical quality measures; and
(ii) The means of demonstrating meaningful EHR use.
(4) The methodology and standards for determining the hardship exception to the payment adjustments; and
(5) The specification of the EHR reporting period, as well as whether payment will be made only once, in a single consolidated payment, or in periodic installments.