Common use of Limitations on Review Clause in Contracts

Limitations on Review. Notwithstanding any other provision of this Agreement, there is no administrative or judicial review under sections 1869 or 1878 of the Act or otherwise for the following: (a) The selection of models for testing or expansion under section 1115A of the Act; (b) The selection of organizations, sites, or participants to test the selected models, including the decision by CMS to terminate this Agreement, or to require the Hospital to terminate any Care Partner Arrangement or Downstream Care Partner Arrangement; (c) The elements, parameters, scope, and duration of such models for testing or dissemination, including the addition or removal of a CRP Track and the methodologies used to calculate PAU Savings, and the Incentive Payment Pool; (d) Determinations regarding budget neutrality under subsection 1115A(b)(3) of the Act; (e) The termination or modification of the design and implementation of a model under subsection 1115A(b)(3)(B) of the Act; or (f) Decisions about expansion of the duration and scope of a model under subsection 1115A(c) of the Act, including the determination that a model is not expected to meet criteria described in paragraph (1) or (2) of such subsection.

Limitations on Review. Notwithstanding any other provision of this Agreement, there is no administrative or judicial review under sections 1869 or 1878 of the Act or otherwise for the following: (a) The selection of models for testing or expansion under section 1115A of the Act; (b) The selection of organizations, sites, or participants to test the selected models, including the decision by CMS to terminate this Agreement, or to require the Hospital to terminate any Care Partner Arrangement or Downstream Care Partner Arrangement; (c) The elements, parameters, scope, and duration of such models for testing or dissemination, including the addition or removal of a CRP Track and the methodologies used to calculate TCOC Performance and the TCOC benchmark, PAU Savings, and the Incentive Payment Pool; (d) Determinations regarding budget neutrality under subsection 1115A(b)(3) of the Act; (e) The termination or modification of the design and implementation of a model under subsection 1115A(b)(3)(B) of the Act; or (f) Decisions about expansion of the duration and scope of a model under subsection 1115A(c) of the Act, including the determination that a model is not expected to meet criteria described in paragraph (1) or (2) of such subsection.