Whether Center for Medicare and Medicaid Services’ (“CMS”) June 27, 2012 determination that Mercy Medical Center (“Mercy”
or “Provider”) did not meet the quality reporting program requirements for Fiscal Year (“FY”) 2013 and that its failure to
meet these requirements would result in a two percent (2.0%) reduction in the FY 2013 market basket update was proper; and
whether CMS’s August 28, 2012 denial of the Provider’s request for reconsideration of the market basket update penalty was
arbitrary and capricious or otherwise improper.