‘‘(II) JUDICIAL REVIEW.—A deci-
sion under subclause (I) by an admin-
istrative law judge constitutes a final 
agency action and is subject to judi-
cial review. 
‘‘(III) FAILURE BY ADMINISTRA-
TIVE LAW JUDGE TO RENDER TIMELY 
DECISION.—In the case of a failure by 
an administrative law judge to render 
a decision under subclause (I) by the 
last day of the period described in 
such subclause, the party requesting 
the hearing may seek judicial review 
of the decision under clause (i), not-
withstanding any requirements for a 
hearing for purposes of the party’s 
right to such judicial review. 
‘‘(6) ADMINISTRATION OF MEDICARE SET-ASIDE 
PROVISIONS; PROTECTION
FROM
CERTAIN
LIABIL-
ITY.— 
‘‘(A) OPTIONAL
DIRECT
PAYMENT
OF 
MEDICARE SET-ASIDE AMOUNT.— 
‘‘(i) ELECTION FOR DIRECT PAYMENT 
OF MEDICARE SET-ASIDE.—With respect to 
a claim for which a workers’ compensation 
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settlement agreement is established, a 
workers’ compensation claimant or work-
ers’ compensation payer who is party to 
the agreement may elect, but is not re-
quired, to transfer to the Secretary a di-
rect payment of the qualified Medicare set- 
aside or an annuity purchased to directly 
fund the set-aside amount. With respect to 
a qualified Medicare set-aside paid directly 
to the Secretary, the parties involved may 
calculate the Medicare set-aside amount of 
such set-aside using any of the following 
methods: 
‘‘(I) In the case of any Medicare 
set-aside deemed a qualified Medicare 
set-aside under paragraph (4)(A), the 
amount calculated in accordance with 
such paragraph. 
‘‘(II) In the case of any Medicare 
set-aside of a deep discount com-
promise agreement under paragraph 
(2)(C)(iii), the amount calculated in 
accordance with such paragraph. 
‘‘(III) In the case of any Medi-
care set-aside, the amount based upon 
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the payment amount for items and 
services under the workers’ compensa-
tion fee schedule (effective as of the 
date of the agreement) applicable to 
the workers’ compensation law or plan 
involved, in accordance with para-
graph (2)(C)(i)(I). 
‘‘(IV) In the case of any Medi-
care set-aside, the payment amount 
applicable to the items and services 
under this title as in effect on the ef-
fective date of the agreement. 
Such transfer shall be in accordance with 
a procedure established by the Secretary 
and shall be made only upon written con-
sent of the other party to the agreement. 
‘‘(ii) ELECTION
SATISFYING
LIABIL-
ITY.—An election made under clause (i), 
with respect to a qualified Medicare set- 
aside shall satisfy any payment, in relation 
to the underlying claim of the related 
workers’ compensation settlement agree-
ment, required under subsection (b)(2) to 
be made by the claimant or payer to the 
Secretary. The Secretary shall have no fur-
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