; and (II) for discharges occurring on or after October 1, 2018, subclause (I) of paragraph (5)(F)(vi) shall be applied by substituting for the numerator described in such subclause a factor determined appropriate by the Secretary. . 2202. Administrative flexibility with respect to the territories (a) In general Section 1108 of the Social Security Act ( 42 U.S.C. 1308 ) is amended by adding at the end the following: (h) Administrative flexibility with respect to the territories Notwithstanding any other provision of this Act, with respect to the applicability to Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa of payment formulas under titles XVIII and XIX, the Secretary shall do the following: (1) Determine the availability of data for payment calculation factors required or authorized by respective payment formulas under such titles. (2) Determine the sufficiency, relevance and reliability of available data for payment calculation factors to adequately account for variations in standard benefits under programs established under this Act, variations in program penetration, and variations in the cost of delivering care that are unique to such territories. (3) Determine whether the inclusion of payment calculation factors or certain data sources thereunder, whether prescribed by the respective titles or ordinarily used by the Secretary, disproportionately impact the resulting payment calculation with respect to each such territory, either generally or relative to the States. (4) Insofar as the Secretary determines in accordance with paragraph (1), (2), or (3) that data are not available, that available data is insufficient to reliably and adequately account for variations in standard benefits under programs established under this Act, variations in program penetration, and variations in the cost of delivering care that are unique to such territories, or to the extent that disproportionate impact to such territories would otherwise occur— (A) establish and apply