§1395oo. Provider Reimbursement Review Board — Inbound Citations

Citations to 42 U.S.C. § 1395oo as a whole

• 42 U.S.C. § 256e(e)(3)

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  (3) Prior to the end of each fiscal year, the Secretary shall determine any changes to the number of residents reported by a hospital in the application of the hospital for the current fiscal year to determine the final amount payable to the hospital for the current fiscal year for both direct expense and indirect expense amounts. Based on such determination, the Secretary shall recoup any overpayments made and pay any balance due to the extent possible. The final amount so determined shall be considered a final intermediary determination for the purposes of section 1395oo of this title and shall be subject to administrative and judicial review under that section in the same manner as the amount of payment under section 1395ww(d)¹ of this title is subject to review under such section.
• 42 U.S.C. § 256h(f)

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  (f) The Secretary shall determine any changes to the number of residents reported by a teaching health center in the application of the teaching health center for the current fiscal year to determine the final amount payable to the teaching health center for the current fiscal year for both direct expense and indirect expense amounts. Based on such determination, the Secretary shall recoup any overpayments made to pay any balance due to the extent possible. The final amount so determined shall be considered a final intermediary determination for the purposes of section 1395oo of this title and shall be subject to administrative and judicial review under that section in the same manner as the amount of payment under section 1395ww(d)² of this title is subject to review under such section.
• 42 U.S.C. § 1315a(d)(2)

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  (2) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of—

  (A) the selection of models for testing or expansion under this section;

  (B) the selection of organizations, sites, or participants to test those models selected;

  (C) the elements, parameters, scope, and duration of such models for testing or dissemination;

  (D) determinations regarding budget neutrality under subsection (b)(3);

  (E) the termination or modification of the design and implementation of a model under subsection (b)(3)(B); and

  (F) determinations about expansion of the duration and scope of a model under subsection (c), including the determination that a model is not expected to meet criteria described in paragraph (1) or (2) of such subsection.
• 42 U.S.C. § 1395b–8(a)(3)(C)

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  (C) providing for any hearing or appeal rights under section 1395ff, 1395oo of this title, or otherwise, with respect to a chronic care improvement program under this section; or
• 42 U.S.C. § 1395cc(j)(7)(B)

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  (B) There shall be no judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of a temporary moratorium imposed under subparagraph (A).
• 42 U.S.C. § 1395ddd(f)(3)

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  (3) A medicare contractor may not use extrapolation to determine overpayment amounts to be recovered by recoupment, offset, or otherwise unless the Secretary determines that—

  (A) there is a sustained or high level of payment error; or

  (B) documented educational intervention has failed to correct the payment error.

  There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of determinations by the Secretary of sustained or high levels of payment errors under this paragraph.
• 42 U.S.C. § 1395f(l)(5)

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  (5) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of—

  (A) the methodology and standards for determining the amount of payment and reasonable cost under paragraph (3) and payment adjustments under paragraph (4), including selection of periods under section 1395ww(n)(2) of this title for determining, and making estimates or using proxies of, inpatient-bed-days, hospital charges, charity charges, and Medicare share under subparagraph (D) of section 1395ww(n)(2) of this title;

  (B) the methodology and standards for determining a meaningful EHR user under section 1395ww(n)(3) of this title as would apply if the hospital was treated as an eligible hospital under section 1395ww(n) of this title, and the hardship exception under paragraph (4)(C);

  (C) the specification of EHR reporting periods under section 1395ww(n)(6)(B)⁴ of this title as applied under paragraphs (3) and (4); and

  (D) the identification of costs for purposes of paragraph (3)(C).
• 42 U.S.C. § 1395fff(d)

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  (d) There shall be no administrative or judicial review under section 1395ff of this title, 1395oo of this title, or otherwise of—

  (1) the establishment of a transition period under subsection (b)(1);

  (2) the definition and application of payment units under subsection (b)(2);

  (3) the computation of initial standard prospective payment amounts under subsection (b)(3)(A) (including the reduction described in clause (ii) of such subsection);

  (4) the establishment of the adjustment for outliers under subsection (b)(3)(C);

  (5) the establishment of case mix and area wage adjustments under subsection (b)(4); and

  (6) the establishment of any adjustments for outliers under subsection (b)(5).
• 42 U.S.C. § 1395i–5(c)(2)(D)

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  (D) There shall be no administrative or judicial review under section 1395ff of this title, 1395oo of this title, or otherwise of the estimation of expenditures under subparagraph (A) or the application of reduction amounts under subparagraph (B).
• 42 U.S.C. § 1395jjj(g)

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  (g) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of—

  (1) the specification of criteria under subsection (a)(1)(B);

  (2) the assessment of the quality of care furnished by an ACO and the establishment of performance standards under subsection (b)(3);

  (3) the assignment of Medicare fee-for-service beneficiaries to an ACO under subsection (c);

  (4) the determination of whether an ACO is eligible for shared savings under subsection (d)(2) and the amount of such shared savings, including the determination of the estimated average per capita Medicare expenditures under the ACO for Medicare fee-for-service beneficiaries assigned to the ACO and the average benchmark for the ACO under subsection (d)(1)(B);

  (5) the percent of shared savings specified by the Secretary under subsection (d)(2) and any limit on the total amount of shared savings established by the Secretary under such subsection; and

  (6) the termination of an ACO under subsection (d)(4) or of an ACO Beneficiary Incentive Program under subsections (b)(2)(I) and (m).
• 42 U.S.C. § 1395kk–1(a)(4)(A)

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  (A) Determining (subject to the provisions of section 1395oo of this title and to such review by the Secretary as may be provided for by the contracts) the amount of the payments required pursuant to this subchapter to be made to providers of services, suppliers and individuals.
• 42 U.S.C. § 1395l(i)(2)(D)(vi)

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  (vi) There shall be no administrative or judicial review under section 1395ff, 1395oo of this title, or otherwise, of the classification system, the relative weights, payment amounts, and the geographic adjustment factor, if any, under this subparagraph.
• 42 U.S.C. § 1395l(m)(4)

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  (4) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, respecting—

  (A) the identification of a county or area;

  (B) the assignment of a specialty of any physician under this paragraph;

  (C) the assignment of a physician to a county under this subsection; or

  (D) the assignment of a postal ZIP Code to a county or other area under this subsection.
• 42 U.S.C. § 1395l(t)(12)

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  (12) There shall be no administrative or judicial review under section 1395ff of this title, 1395oo of this title, or otherwise of—

  (A) the development of the classification system under paragraph (2), including the establishment of groups and relative payment weights for covered OPD services, of wage adjustment factors, other adjustments, and methods described in paragraph (2)(F);

  (B) the calculation of base amounts under paragraph (3);

  (C) periodic adjustments made under paragraph (6);

  (D) the establishment of a separate conversion factor under paragraph (8)(B); and

  (E) the determination of the fixed multiple, or a fixed dollar cutoff amount, the marginal cost of care, or applicable percentage under paragraph (5) or the determination of insignificance of cost, the duration of the additional payments, the determination and deletion of initial and new categories (consistent with subparagraphs (B) and (C) of paragraph (6)), the portion of the medicare OPD fee schedule amount associated with particular devices, drugs, or biologicals, and the application of any pro rata reduction under paragraph (6).
• 42 U.S.C. § 1395l(t)(21)(E)

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  (E) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the following:

  (i) The determination of the applicable items and services under subparagraph (A) and applicable payment systems under subparagraph (C).

  (ii) The determination of whether a department of a provider meets the term described in subparagraph (B).

  (iii) Any information that hospitals are required to report pursuant to subparagraph (D).

  (iv) The determination of an audit under subparagraph (B)(vii).
• 42 U.S.C. § 1395l(u)(4)(E)

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  (E) There shall be no administrative or judicial review under section 1395ff, 1395oo of this title, or otherwise, respecting—

  (i) the identification of a county or area;

  (ii) the assignment of a specialty of any physician under this paragraph;

  (iii) the assignment of a physician to a county under paragraph (2); or

  (iv) the assignment of a postal ZIP Code to a county or other area under this subsection.
• 42 U.S.C. § 1395l(x)(4)

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  (4) There shall be no administrative or judicial review under section 1395ff of this title, 1395oo of this title, or otherwise, respecting the identification of primary care practitioners under this subsection.
• 42 U.S.C. § 1395lll(l)

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  (l) There shall be no administrative or judicial review under sections 1395ff and 1395oo of this title or otherwise of the specification of standardized patient assessment data required, the determination of measures, and the systems to report such standardized data under this section.
• 42 U.S.C. § 1395m(l)(12)(B)(v)

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  (v) There shall be no administrative or judicial review under section 1395ff, 1395oo of this title, or otherwise, respecting the identification of an area under this subparagraph.
• 42 U.S.C. § 1395m(l)(17)(J)

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  (J) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the data collection system or identification of respondents under this paragraph.
• 42 U.S.C. § 1395m–1(h)(1)

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  (1) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of the establishment of payment amounts under this section.
• 42 U.S.C. § 1395nn(i)(3)(I)

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  (I) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the process under this paragraph (including the establishment of such process).
• 42 U.S.C. § 1395rr(b)(2)(D)

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  (D) For purposes of section 1395oo of this title, a renal dialysis facility shall be treated as a provider of services.
• 42 U.S.C. § 1395rr(b)(12)(H)

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  (H) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of the case-mix system, relative weights, payment amounts, the geographic adjustment factor, or the update for the system established under this paragraph, or the determination of the difference between medicare payment amounts and acquisition costs for separately billed drugs and biologicals (including erythropoietin) under this paragraph and paragraph (13).
• 42 U.S.C. § 1395rr(b)(14)(G)

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  (G) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the determination of payment amounts under subparagraph (A), the establishment of an appropriate unit of payment under subparagraph (C), the identification of renal dialysis services included in the bundled payment, the adjustments under subparagraph (D), the application of the phase-in under subparagraph (E), and the establishment of the market basket percentage increase factors under subparagraph (F).
• 42 U.S.C. § 1395rr(h)(5)

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  (5) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the following:

  (A) The determination of the amount of the payment reduction under paragraph (1).

  (B) The establishment of the performance standards and the performance period under paragraph (4).

  (C) The specification of measures under paragraph (2).

  (D) The methodology developed under paragraph (3) that is used to calculate total performance scores and performance scores for individual measures.
• 42 U.S.C. § 1395u(o)(7)

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  (7) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of determinations of payment amounts, methods, or adjustments under paragraphs (4) through (6).
• 42 U.S.C. § 1395ww(d)(7)

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  (7) There shall be no administrative or judicial review under section 1395oo of this title or otherwise of—

  (A) the determination of the requirement, or the proportional amount, of any adjustment effected pursuant to subsection (e)(1) or the determination of the applicable percentage increase under paragraph (12)(A)(ii),

  (B) the establishment of diagnosis-related groups, of the methodology for the classification of discharges within such groups, and of the appropriate weighting factors thereof under paragraph (4), including the selection and revision of codes under paragraph (4)(D), and

  (C) the determination of whether services provided prior to a patient’s inpatient admission are related to the admission (as described in subsection (a)(4)).
• 42 U.S.C. § 1395ww(h)(7)(E)

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  (E) There shall be no administrative or judicial review under section 1395ff of this title, 1395oo of this title, or otherwise, with respect to determinations made under this paragraph, paragraph (8),¹⁴ paragraph (10), clause (i), (ii), (iii), or (v) of paragraph (2)(F), or clause (i) or (vi) of paragraph (4)(H).
• 42 U.S.C. § 1395ww(j)(8)

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  (8) There shall be no administrative or judicial review under section 1395ff of this title, 1395oo of this title, or otherwise of the establishment of—

  (A) case mix groups, of the methodology for the classification of patients within such groups, and of the appropriate weighting factors thereof under paragraph (2),

  (B) the prospective payment rates under paragraph (3),

  (C) outlier and special payments under paragraph (4), and

  (D) area wage adjustments under paragraph (6).
• 42 U.S.C. § 1395ww(n)(4)(A)

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  (A) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of—

  (i) the methodology and standards for determining payment amounts under this subsection and payment adjustments under subsection (b)(3)(B)(ix), including selection of periods under paragraph (2) for determining, and making estimates or using proxies of, discharges under paragraph (2)(C) and inpatient-bed-days, hospital charges, charity charges, and Medicare share under paragraph (2)(D);

  (ii) the methodology and standards for determining a meaningful EHR user under paragraph (3), including selection of measures under paragraph (3)(B), specification of the means of demonstrating meaningful EHR use under paragraph (3)(C), and the hardship exception under subsection (b)(3)(B)(ix)(II); and

  (iii) the specification of EHR reporting periods under paragraph (6)(B)¹⁶ and the selection of the form of payment under paragraph (2)(F).
• 42 U.S.C. § 1395ww(o)(11)(B)

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  (B) Except as provided in subparagraph (A), there shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the following:

  (i) The methodology used to determine the amount of the value-based incentive payment under paragraph (6) and the determination of such amount.

  (ii) The determination of the amount of funding available for such value-based incentive payments under paragraph (7)(A) and the payment reduction under paragraph (7)(B)(i).

  (iii) The establishment of the performance standards under paragraph (3) and the performance period under paragraph (4).

  (iv) The measures specified under subsection (b)(3)(B)(viii) and the measures selected under paragraph (2).

  (v) The methodology developed under paragraph (5) that is used to calculate hospital performance scores and the calculation of such scores.

  (vi) The validation methodology specified in subsection (b)(3)(B)(viii)(XI).
• 42 U.S.C. § 1395ww(p)(7)

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  (7) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the following:

  (A) The criteria described in paragraph (2)(A).

  (B) The specification of hospital acquired conditions under paragraph (3).

  (C) The specification of the applicable period under paragraph (4).

  (D) The provision of reports to applicable hospitals under paragraph (5) and the information made available to the public under paragraph (6).
• 42 U.S.C. § 1395ww(q)(7)

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  (7) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the following:

  (A) The determination of base operating DRG payment amounts.

  (B) The methodology for determining the adjustment factor under paragraph (3), including excess readmissions ratio under paragraph (4)(C), aggregate payments for excess readmissions under paragraph (4)(A), and aggregate payments for all discharges under paragraph (4)(B), and applicable periods and applicable conditions under paragraph (5).

  (C) The measures of readmissions as described in paragraph (5)(A)(ii).
• 42 U.S.C. § 1395ww(r)(3)

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  (3) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the following:

  (A) Any estimate of the Secretary for purposes of determining the factors described in paragraph (2).

  (B) Any period selected by the Secretary for such purposes.
• 42 U.S.C. § 1395w–23(l)(8)

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  (8) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of—

  (A) the methodology and standards for determining payment amounts and payment adjustments under this subsection, including avoiding duplication of payments under paragraph (3)(B) and the specification of rules for the fixed schedule for application of limitation on incentive payments for all eligible professionals under paragraph (3)(C);

  (B) the methodology and standards for determining eligible professionals under paragraph (2); and

  (C) the methodology and standards for determining a meaningful EHR user under section 1395w–4(o)(2) of this title, including specification of the means of demonstrating meaningful EHR use under section 1395w–4(o)(3)(C)⁶ of this title and selection of measures under section 1395w–4(o)(3)(B)⁷ of this title.
• 42 U.S.C. § 1395w–23(m)(6)

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  (6) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of—

  (A) the methodology and standards for determining payment amounts and payment adjustments under this subsection, including avoiding duplication of payments under paragraph (3)(B);

  (B) the methodology and standards for determining eligible hospitals under paragraph (2); and

  (C) the methodology and standards for determining a meaningful EHR user under section 1395ww(n)(3) of this title, including specification of the means of demonstrating meaningful EHR use under subparagraph (C) of such section and selection of measures under subparagraph (B) of such section.
• 42 U.S.C. § 1395w–3(b)(12)

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  (12) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of—

  (A) the establishment of payment amounts under paragraph (5);

  (B) the awarding of contracts under this section;

  (C) the designation of competitive acquisition areas under subsection (a)(1)(A) and the identification of areas under subsection (a)(1)(D)(iii);

  (D) the phased-in implementation under subsection (a)(1)(B) and implementation of subsection (a)(1)(D);

  (E) the selection of items and services for competitive acquisition under subsection (a)(2);

  (F) the bidding structure and number of contractors selected under this section; or

  (G) the implementation of the special rule described in paragraph (10).
• 42 U.S.C. § 1395w–3a(j)

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  (j) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of—

  (1) determinations of payment amounts under this section, including the assignment of National Drug Codes to billing and payment codes;

  (2) the identification of units (and package size) under subsection (b)(2);

  (3) the method to allocate rebates, chargebacks, and other price concessions to a quarter if specified by the Secretary;

  (4) the manufacturer’s average sales price when it is used for the determination of a payment amount under this section; and

  (5) the disclosure of the average manufacturer price by reason of an adjustment under subsection (d)(3)(C) or (e).
• 42 U.S.C. § 1395w–3b(g)

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  (g) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of—

  (1) the establishment of payment amounts under subsection (d)(1);

  (2) the awarding of contracts under this section;

  (3) the establishment of competitive acquisition areas under subsection (a)(2)(C);

  (4) the phased-in implementation under subsection (a)(1)(B);

  (5) the selection of categories of competitively biddable drugs and biologicals for competitive acquisition under such subsection or the selection of a drug in the case of multiple source drugs; or

  (6) the bidding structure and number of contractors selected under this section.
• 42 U.S.C. § 1395w–4(k)(7)

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  (7) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of the development and implementation of the reporting system under paragraph (1), including identification of quality measures under paragraph (2) and the application of paragraphs (4) and (5).
• 42 U.S.C. § 1395w–4(m)(5)(E)

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  (E) Except as provided in subparagraph (I), there shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of—

  (i) the determination of measures applicable to services furnished by eligible professionals under this subsection;

  (ii) the determination of satisfactory reporting under this subsection;

  (iii) the determination of a successful electronic prescriber under paragraph (3), the limitation under paragraph (2)(B), and the exception under subsection (a)(5)(B); and

  (iv) the determination of any incentive payment under this subsection and the payment adjustment under paragraphs (5)(A) and (8)(A) of subsection (a).
• 42 U.S.C. § 1395w–4(n)(9)(G)

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  (G) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the establishment of the methodology under subparagraph (C), including the determination of an episode of care under such methodology.
• 42 U.S.C. § 1395w–4(o)(3)(C)

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  (C) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise, of—

  (i) the methodology and standards for determining payment amounts under this subsection and payment adjustments under subsection (a)(7)(A), including the limitation under paragraph (1)(B) and coordination under clauses (ii) and (iii) of paragraph (1)(D);

  (ii) the methodology and standards for determining a meaningful EHR user under paragraph (2), including selection of measures under paragraph (2)(B), specification of the means of demonstrating meaningful EHR use under paragraph (2)(C), and the hardship exception under subsection (a)(7)(B);

  (iii) the methodology and standards for determining a hospital-based eligible professional under paragraph (1)(C); and

  (iv) the specification of reporting periods under paragraph (5) and the selection of the form of payment under paragraph (1)(D)(i).
• 42 U.S.C. § 1395w–4(p)(10)

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  (10) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, 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 modifier under paragraph (7); and

  (G) the determination of costs under paragraph (8)(A).
• 42 U.S.C. § 1395w–4(q)(13)(B)

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  (B) Except as provided for in subparagraph (A), there shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the following:

  (i) The methodology used to determine the amount of the MIPS adjustment factor under paragraph (6)(A) and the amount of the additional MIPS adjustment factor under paragraph (6)(C) and the determination of such amounts.

  (ii) The establishment of the performance standards under paragraph (3) and the performance period under paragraph (4).

  (iii) The identification of measures and activities specified under paragraph (2)(B) and information made public or posted on the Physician Compare Internet website of the Centers for Medicare & Medicaid Services under paragraph (9).

  (iv) The methodology developed under paragraph (5) that is used to calculate performance scores and the calculation of such scores, including the weighting of measures and activities under such methodology.
• 42 U.S.C. § 1395w–4(r)(7)

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  (7) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of—

  (A) care episode and patient condition groups and codes established under paragraph (2);

  (B) patient relationship categories and codes established under paragraph (3); and

  (C) measurement of, and analyses of resource use with respect to, care episode and patient condition codes and patient relationship codes pursuant to paragraph (5).
• 42 U.S.C. § 1395w–4(t)(2)(B)

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  (B) There shall be no administrative or judicial review under section 1395ff of this title, 1395oo of this title⁶ or otherwise of the fee schedules that establish payment amounts calculated pursuant to this subsection.
• 42 U.S.C. § 1395x(kkk)(9)

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  (9) There shall be no administrative or judicial review under section 1395ff of this title, 1395oo of this title, or otherwise of the following:

  (A) The determination of whether a rural emergency hospital meets the requirements of this subsection.

  (B) The establishment of requirements under this subsection by the Secretary, including requirements described in paragraphs (2)(D), (4), and (7).

  (C) The determination of payment amounts under section 1395m(x) of this title, including the additional facility payment described in paragraph (2) of such section.
• 42 U.S.C. § 1395yy(e)(8)

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  (8) There shall be no administrative or judicial review under section 1395ff of this title, 1395oo of this title, or otherwise of—

  (A) the establishment of Federal per diem rates under paragraph (4), including the computation of the standardized per diem rates under paragraph (4)(C), adjustments and corrections for case mix under paragraphs (4)(F) and (4)(G)(i), adjustments for variations in labor-related costs under paragraph (4)(G)(ii), and adjustments under paragraph (4)(G)(iii);

  (B) the establishment of facility specific rates before July 1, 1999 (except any determination of costs paid under part A of this subchapter); and

  (C) the establishment of transitional amounts under paragraph (7).
• 42 U.S.C. § 1395yy(h)(10)

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  (10) There shall be no administrative or judicial review under section 1395ff of this title, section 1395oo of this title, or otherwise of the following:

  (A) The methodology used to determine the value-based incentive payment percentage and the amount of the value-based incentive payment under paragraph (5).

  (B) The determination of the amount of funding available for such value-based incentive payments under paragraph (5)(C)(ii)(III) and the payment reduction under paragraph (6).

  (C) The establishment of the performance standards under paragraph (3) and the performance period.

  (D) The methodology developed under paragraph (4) that is used to calculate SNF performance scores and the calculation of such scores.

  (E) The ranking determinations under paragraph (4)(B).