---
kind: "section"
citation: "42 C.F.R. § 495.110"
title: "42"
number: "495.110"
heading: "Preclusion on administrative and judicial review."
url: "https://uscodex.org/cfr/42/495.110"
---

# §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.

## Notes

### Authority

Authority: 42 U.S.C. 1302 and 1395hh.

### Source

Source: 75 FR 44565, July 28, 2010, unless otherwise noted.