Pub. L. 109-13, div. A, tit. VI, sec. 6045
Medicare Health Care Infrastructure Improvement Program
Medicare Health Care Infrastructure Improvement ProgramSec. 6045. (a) In General.—Section 1897(c) of the Social Security Act (42 U.S.C. 1395hhh(c)) is amended—(1) in paragraph (2)—(A) in the matter preceding subparagraph (A), by inserting “or an entity described in paragraph (3)” after “means a hospital”; and (B) in subparagraph (B)—(i) by inserting “legislature” after “State” the first place it appears; and (ii) by inserting “and such designation by the State legislature occurred prior to December 8, 2003” before the period at the end; and (2) by adding at the end the following new paragraph: “(3) Entity described.—An entity described in this paragraph is an entity that—“(A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; “(B) has at least 1 existing memorandum of understanding or affiliation agreement with a hospital located in the State in which the entity is located; and “(C) retains clinical outpatient treatment for cancer on site as well as lab research and education and outreach for cancer in the same facility.”. (b) Limitation on Review.—Section 1897 of the Social Security Act (42 U.S.C. 1395hhh(c)) is amended by adding at the end the following new subsection: “(i) Limitation on Review.—There shall be no administrative or judicial review of any determination made by the Secretary under this section.”. 119 STAT. 295(c) Effective Date.—The amendments made by this section shall take effect as if included in the enactment of section 1016 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2447).