; and (B) an amount that is equal to the 80th percentile of the amount paid for such items and services, as reported by a national all-payer claims database or, if available, a State or regional all-payer claims database, as determined by the independent health care expert. (2) The greater of— (A) an amount proposed by the health plan providing health benefits coverage to such individual with respect to such items and services; and (B) 1.25 multiplied by the Medicare fee schedule for such items and services (or, if such items and services are not covered under Medicare, an amount determined by the Secretary). (e) Reconsideration An individual furnished items or services by a provider of services or supplier for which payment is determined in accordance with the review process described in subsection (c) may, within 30 days of receiving notification of such determination, file a written request for a reconsideration of such determination with the independent health care expert making such determination. Such expert shall, within 30 days of receiving such request, determine whether such determination should be revised and notify such individual of any change to such determination. (f) Cost-Sharing clarification Any cost sharing (including any copayment or coinsurance) that an individual may be responsible for after a determination is made under subsection (c) shall count towards such individual’s annual deductible with respect to the health care plan of such individual. (g) Definitions In this section: (1) Health care plan The term health care plan has the meaning given such term in section 1866(l)(4) of the Social Security Act ( 42 U.S.C. 1395cc(l)(4) ). (2) Independent health care expert defined The term independent health care expert means an individual who is, with respect to a payment for items and services— (A) an expert in health care billing; (B) free of conflicts of interest with respect to such payment