An ALJ's decision may not do any of the following:
(a) Order CMS or its contractors to add any language to a provision or provisions of an LCD.
(b) Order CMS or its contractors to pay a specific claim.
(c) Set a time limit for CMS or its contractors to establish a new or revised LCD.
(d) Review or evaluate an LCD other than the LCD under review.
(e) Include a requirement for CMS or its contractors that specifies payment, coding, or systems changes for an LCD, or deadlines for implementing these types of changes.
(f) Order or address how a contractor(s) must implement an LCD.
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 426.455