Code of Federal Regulations Title 42. Public Health § 42.425.800 Preclusion of administrative and judicial review

(1) The specification of quality and performance standards under §§ 425.500, 425.502, 425.510, and 425.512;

(2) The assessment of the quality of care furnished by an ACO under the performance standards established in § 425.502 or § 425.512, as applicable.

(3) The assignment of Medicare fee-for-service beneficiaries under Subpart E of this part.

(4) The initial determination or revised initial determination of whether an ACO is eligible for shared savings, and the amount of such shared savings, including the initial determination or revised initial 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 in accordance with section 1899(d) of the Act, as implemented under §§ 425.601, 425.602, 425.603, 425.604, 425.605, 425.606, and 425.610.

(5) The percent of shared savings specified by the Secretary and the limit on the total amount of shared savings established under §§ 425.604, 425.605, 425.606, and 425.610.

(6) The termination of an ACO for failure to meet the quality performance standards established under § 425.502 or § 425.512, as applicable.

(7) The termination of a beneficiary incentive program established under § 425.304(c).