12 2 STA T . 2 56 1 PUBLIC LA W 11 0– 2 7 5 —J UL Y 15 , 200 8‘ ‘ (I I )theS e cr et a r ys ha l lc ondu ct the co mp et i- tion f or such round in a manner so that it occurs in 20 0 9w ith respect to the same items and ser v ices and the same areas , e x cept as provided in su b - clauses (III) and (I V )
‘‘(III) the Secretary shall exclude P uerto R ico so that such round of competition covers 9, instead of 1 0, of the lar g est metropolitan statistical areas; and ‘‘(IV) there shall be excluded negative pressure wound therapy items and services .N othing in subclause (I) shall be construed to provide an independent cause of action or right to administra- tive or j udicial review with regard to the termination provided under such subclause. ‘‘(ii) R OUND2 O FC O MPETI TI V E A C Q UI S ITION P R O- G RAM. — In implementing the second round of the competitive ac q uisition programs under this section described in subparagraph ( B )(i)(II)— ‘‘(I) the metropolitan statistical areas to be included shall be those metropolitan statistical areas selected by the Secretary for such round as of J une 1, 200 8
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‘‘(II) the Secretary may subdivide metropolitan statistical areas with populations (based upon the most recent data from the C ensus Bureau) of at least 8,000,000 into separate areas for competitive acquisition purposes. ‘‘(iii) EX C L USION OF CERTAIN AREAS IN SU B SEQUENT ROUNDS OF COMPETITIVE ACQUISITION PROGRAMS.—In implementing subsequent rounds of the competitive acquisition programs under this section, including under subparagraph (B)(i)(III), for competitions occur- ring before 201 5 , the Secretary shall exempt from the competitive acquisition program (other than national mail order) the following
‘‘(I) Rural areas. ‘‘(II) M etropolitan statistical areas not selected under round 1 or round 2 with a population of less than 250,000. ‘‘(III) A reas with a low population density within a metropolitan statistical area that is other- wise selected, as determined for purposes of para- graph ( 3 )(A). ‘‘(E) VERIFICATION B Y OIG.— T he Inspector G eneral of the D epartment of H ealth and Human Services shall, through post-award audit, survey, or otherwise, assess the process used by the Centers for Medicare & Medicaid Serv- ices to conduct competitive bidding and subsequent pricing determinations under this section that are the basis for pivotal bid amounts and single payment amounts for items and services in competitive bidding areas under rounds 1 and 2 of the competitive acquisition programs under this section and may continue to verify such calculations for subsequent rounds of such programs. ‘‘( F ) SUPPLIER FEEDBAC K ON MISSING FINANCIAL DOCU- MENTATION.— PuertoRic o .
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