Limitations on Review. There is no administrative or judicial review under sections 1869 or 1878 of the Act or otherwise for the following: 1. The selection of Part D sponsors to participate in the Model, including the decision by CMS to terminate this Addendum or to direct the termination of any Model PBPs; 2. The selection of manufacturers to participate in the Model, including the decision by CMS to terminate a manufacturer’s participation in the Model; 3. The elements, parameters, scope, and duration of the Model; 4. Determinations regarding budget neutrality under section 1115A(b)(3); 5. The termination or modification of the design and implementation of a Model under section 1115A(b)(3)(B); 6. Decisions about expansion of the duration and scope of a model under subsection 1115A(c), including the determination that a model is not expected to meet criteria described in paragraph (1) or (2) of such subsection; or 7. The determination of a Model PBP’s eligibility for the optional first risk corridor.
Appears in 2 contracts
Sources: Addendum to Contract for the Operation of a Voluntary Medicare Prescription Drug Plan, Addendum to Contract for the Operation of a Voluntary Medicare Prescription Drug Plan
Limitations on Review. There is no administrative or judicial review under sections Sections 1869 or 1878 of the Act or otherwise for the following:
1. The selection of Part D sponsors to participate in the Model, including the decision by CMS to terminate this Addendum or to direct the termination of any Model PBPs;
2. The selection of manufacturers to participate in the Model, including the decision by CMS to terminate a manufacturer’s participation in the Model;
3. The elements, parameters, scope, and duration of the Model;
4. Determinations regarding budget neutrality under section Section 1115A(b)(3);
5. The termination or modification of the design and implementation of a Model under section Section 1115A(b)(3)(B);) of the Act; or,
6. Decisions about expansion of the duration and scope of a model under subsection Section 1115A(c), including the determination that a model is not expected to meet criteria described in paragraph subsection (1c)(1) or (2) of such subsection; or
7. The determination of a Model PBP’s eligibility for the optional first risk corridorc)(2).
Appears in 1 contract
Sources: Addendum to Contract for the Operation of a Voluntary Medicare Prescription Drug Plan