Section 495.110 - Preclusion on administrative and judicial reviewThere 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.