Code of Federal Regulations Title 42. Public Health § 42.426.520 Withdrawing an NCD under review or issuing a revised or reconsidered NCD

(1) Withdrawing an NCD or NCD provision that is under review;  or

(2) Issuing a revised or reconsidered version of the NCD that is under review.

(1) If, before the Board issues a decision, the Board receives notice that CMS has withdrawn the NCD or revised the NCD to completely remove the provision in question, the Board must dismiss the complaint and inform the aggrieved party(ies) who sought the review that he or she or they will receive individual claim review without the retired/withdrawn provisions.

(2) If, before the Board issues a decision, the Board receives notice that CMS has revised the NCD provision in question but has not removed it altogether, the Board must continue the review based on the revised NCD. In this case, CMS must send a copy of the supplemental record to the Board and all parties. In that circumstance, the Board permits the aggrieved party to respond to the revised NCD and the supplemental record.