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HR 1 RDS 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) EXPEDITED
ACCESS
TO
JUDICIAL
RE-
VIEW.—
‘‘(A) IN
GENERAL.—The Secretary shall 
establish a process under which a provider of 
services or supplier that furnishes an item or 
service or an individual entitled to benefits 
under part A or enrolled under part B, or both, 
who has filed an appeal under paragraph (1) 
may obtain access to judicial review when a re-
view panel (described in subparagraph (D)), on 
its own motion or at the request of the appel-
lant, determines that no entity in the adminis-
trative appeals process has the authority to de-
cide the question of law or regulation relevant 
to the matters in controversy and that there is 
no material issue of fact in dispute. The appel-
lant may make such request only once with re-
spect to a question of law or regulation in a 
case of an appeal. 
‘‘(B) PROMPT DETERMINATIONS.—If, after 
or coincident with appropriately filing a request 
for an administrative hearing, the appellant re-
quests a determination by the appropriate re-
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view panel that no review panel has the author-
ity to decide the question of law or regulations 
relevant to the matters in controversy and that 
there is no material issue of fact in dispute and 
if such request is accompanied by the docu-
ments and materials as the appropriate review 
panel shall require for purposes of making such 
determination, such review panel shall make a 
determination on the request in writing within 
60 days after the date such review panel re-
ceives the request and such accompanying docu-
ments and materials. Such a determination by 
such review panel shall be considered a final de-
cision and not subject to review by the Sec-
retary. 
‘‘(C) ACCESS TO JUDICIAL REVIEW.—
‘‘(i) IN GENERAL.—If the appropriate 
review panel—
‘‘(I) determines that there are no 
material issues of fact in dispute and 
that the only issue is one of law or 
regulation that no review panel has 
the authority to decide; or
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‘‘(II) fails to make such deter-
mination within the period provided 
under subparagraph (B); 
then the appellant may bring a civil action 
as described in this subparagraph. 
‘‘(ii) DEADLINE
FOR
FILING.—Such 
action shall be filed, in the case described 
in—
‘‘(I) clause (i)(I), within 60 days 
of date of the determination described 
in such subparagraph; or 
‘‘(II) clause (i)(II), within 60 
days of the end of the period provided 
under subparagraph (B) for the deter-
mination. 
‘‘(iii) VENUE.—Such action shall be 
brought in the district court of the United 
States for the judicial district in which the 
appellant is located (or, in the case of an 
action brought jointly by more than one 
applicant, the judicial district in which the 
greatest number of applicants are located) 
or in the district court for the District of 
Columbia.
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‘‘(iv) INTEREST ON AMOUNTS IN CON-
TROVERSY.—Where a provider of services 
or supplier seeks judicial review pursuant 
to this paragraph, the amount in con-
troversy shall be subject to annual interest 
beginning on the first day of the first 
month beginning after the 60-day period 
as determined pursuant to clause (ii) and 
equal to the rate of interest on obligations 
issued for purchase by the Federal Hos-
pital Insurance Trust Fund and by the 
Federal Supplementary Medical Insurance 
Trust Fund for the month in which the 
civil action authorized under this para-
graph is commenced, to be awarded by the 
reviewing court in favor of the prevailing 
party. No interest awarded pursuant to the 
preceding sentence shall be deemed income 
or cost for the purposes of determining re-
imbursement due providers of services or 
suppliers under this Act. 
‘‘(D) REVIEW PANELS.—For purposes of 
this subsection, a ‘review panel’ is a panel con-
sisting of 3 members (who shall be administra-
tive law judges, members of the Departmental
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Appeals Board, or qualified individuals associ-
ated with a qualified independent contractor (as 
defined in subsection (c)(2)) or with another 
independent entity) designated by the Secretary 
for purposes of making determinations under 
this paragraph.’’. 
(b) APPLICATION TO PROVIDER AGREEMENT DETER-
MINATIONS.—Section 
1866(h)(1) 
(42 
U.S.C. 
1395cc(h)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(h)(1)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) An institution or agency described in subpara-
graph (A) that has filed for a hearing under subparagraph 
(A) shall have expedited access to judicial review under 
this subparagraph in the same manner as providers of 
services, suppliers, and individuals entitled to benefits 
under part A or enrolled under part B, or both, may ob-
tain expedited access to judicial review under the process 
established under section 1869(b)(2). Nothing in this sub-
paragraph shall be construed to affect the application of 
any remedy imposed under section 1819 during the pend-
ency of an appeal under this subparagraph.’’.