; and (II) is eligible for payments under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (ii) Inclusion The term eligible facility includes a tribally operated facility, if that facility consents to participating in the program. (C) Program The term program means the compliance assistance program established under paragraph (2). (D) Tribally operated facility The term tribally operated facility means a facility operated by an Indian tribe, a tribal organization, or an Urban Indian organization that— (i) is an underperforming hospital or outpatient facility; and (ii) is eligible for payments under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (2) Establishment of program Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Administrator and quality improvement organizations having a contract with the Secretary under part B of title XI of the Social Security Act ( 42 U.S.C. 1320c et seq. ), shall establish a compliance assistance program for eligible facilities. (3) Methodology The Secretary shall establish a methodology for determining which eligible facilities shall participate in the program, which shall take into account the following factors: (A) The number and severity of facility deficiencies with respect to applicable requirements under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ). (B) The history of provider misconduct or patient harm at the facility. (C) Whether there is high staff turnover at the facility. (D) Whether the facility has low performance on program quality measures, relative to other facilities of the Service, in accordance with reported quality and performance measures conducted by the Secretary in accordance with— (i) section 306 of title 5, United States Code; (ii) section 1115(b) of title 31, United States Code