C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—MEDICARE PROGRAM › PART 426—REVIEW OF NATIONAL COVERAGE DETERMINATIONS AND LOCAL COVERAGE DETERMINATIONS › Subpart C—General Provisions for the Review of LCDs and NCDs

42 C.F.R. § 426.320

Who may challenge an LCD or NCD

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(a) Only an aggrieved party may initiate a review of an LCD or NCD (including a deemed NCD), or provisions of an LCD or NCD by filing an acceptable complaint.

(b) Neither an ALJ nor the Board recognizes as valid any attempt to assign rights to request review under section 1869(f) of the Act.

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Sensory Neurostimulation, Inc. v. Alex Azar, II, 977 F.3d 969 (9th Cir. 2020).
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Sensory Neurostimulation, Inc. v. Alex Azar, II, 977 F.3d 969 (9th Cir. 2020). “§ 1395ff(f)(1)(A)(iii); 42 C.F.R. § 426.320 . The heart of this case is about what, if any, rights to appeal are available to NCD requestors like Sensory who are not Medicare beneficiaries.”
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