Page:United States Statutes at Large Volume 124.djvu/461

124 STAT. 435 PUBLIC LAW 111–148—MAR. 23, 2010 for consideration of coding changes) which may include consolidation of individual services into bundled codes for payment under the fee schedule under subsection (b). ‘‘(VI) The provisions of subparagraph (B)(ii)(II) shall apply to adjustments to relative value units made pursuant to this subparagraph in the same manner as such provisions apply to adjustments under subparagraph (B)(ii)(II). ‘‘(L) VALIDATING RELATIVE VALUE UNITS.— ‘‘(i) IN GENERAL.—The Secretary shall establish a process to validate relative value units under the fee schedule under subsection (b). ‘‘(ii) COMPONENTS AND ELEMENTS OF WORK.—The process described in clause (i) may include validation of work elements (such as time, mental effort and professional judgment, technical skill and physical effort, and stress due to risk) involved with furnishing a service and may include validation of the pre-, post- , and intra-service components of work. ‘‘(iii) SCOPE OF CODES.—The validation of work relative value units shall include a sampling of codes for services that is the same as the codes listed under subparagraph (K)(ii). ‘‘(iv) METHODS.—The Secretary may conduct the validation under this subparagraph using methods described in subclauses (I) through (V) of subparagraph (K)(iii) as the Secretary determines to be appropriate. ‘‘(v) ADJUSTMENTS.—The Secretary shall make appropriate adjustments to the work relative value units under the fee schedule under subsection (b). The provisions of subparagraph (B)(ii)(II) shall apply to adjustments to relative value units made pursuant to this subparagraph in the same manner as such provisions apply to adjustments under subparagraph (B)(ii)(II).’’. (b) IMPLEMENTATION.— (1) ADMINISTRATION.— (A) Chapter 35 of title 44, United States Code and the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to this section or the amend- ment made by this section. (B) Notwithstanding any other provision of law, the Secretary may implement subparagraphs (K) and (L) of 1848(c)(2) of the Social Security Act, as added by subsection (a), by program instruction or otherwise. (C) Section 4505(d) of the Balanced Budget Act of 1997 is repealed. (D) Except for provisions related to confidentiality of information, the provisions of the Federal Acquisition Regu- lation shall not apply to this section or the amendment made by this section. (2) FOCUSING CMS RESOURCES ON POTENTIALLY OVERVALUED CODES.—Section 1868(a) of the Social Security Act (42 U.S.C. 1395ee(a)) is repealed. Repeal. Repeal. 42 USC 1395w–4 note.