(a) Upon the receipt of an acceptable LCD complaint as described in § 426.400, an ALJ conducts a review of a challenged provision (or provisions) of an LCD using the reasonableness standard.
(b) Upon the receipt of an acceptable NCD complaint as described in § 426.500, the Board conducts an NCD review of a challenged provision (or provisions) of an NCD using the reasonableness standard.
(c) The procedures established in this part governing the review of NCDs also apply in cases in which a deemed NCD is challenged.
authority: Secs. 1102 and 1871 of the Social Security Act (
42 U.S.C. 1302 and 1395hh)
source: 68 FR 63716, Nov. 7, 2003, unless otherwise noted.
cite as: 42 CFR 426.300