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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) Elements of the NCD record furnished to the aggrieved party. Except as provided in paragraph (b) of this section, the NCD record consists of any document or material that CMS considered during the development of the NCD, including, but not limited to, the following:
(1) The NCD being challenged.
(2) Any medical evidence considered on or before the date the NCD was issued, including, but not limited to, the following:
(i) Scientific articles.
(ii) Technology assessments.
(iii) Clinical guidelines.
(iv) Statements from clinical experts, medical textbooks, claims data, or other indication of medical standard of practice.
(v) MCAC transcripts.
(3) Public comments received during the notice and comment period.
(4) Coverage decision memoranda.
(5) An index of documents considered that are excluded under paragraph (b) of this section.
(b) Elements of the NCD record not furnished to the aggrieved party. The NCD record furnished to the aggrieved party does not include the following:
(1) Proprietary data or privileged information.
(2) Any new evidence.
Cite this article: FindLaw.com - Code of Federal Regulations Title 42. Public Health § 42.426.518 NCD record furnished to the aggrieved party - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-42-public-health/cfr-sect-42-426-518/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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