CFR > Title 42 - Public Health > CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES > SUBCHAPTER B—MEDICARE PROGRAM (parts 405 to 426) > PART 426—REVIEW OF NATIONAL COVERAGE DETERMINATIONS AND LOCAL COVERAGE DETERMINATIONS > SUBPART E—Review of an NCD (§426.500 to §426.587) > 426.517—CMS' statement regarding new evidence.

426.517—CMS' statement regarding new evidence.

(a) CMS may review any new evidence that is submitted, regardless of whether the Board has stayed the proceedings, including but not limited to new evidence:
(1) Submitted with the initial complaint;
(2) Submitted with an amended complaint;
(3) Produced during discovery;
(4) Produced when the Board consults with scientific and clinical experts; and
(5) Presented during any hearing.
(b) CMS may submit a statement regarding whether the new evidence is significant under § 426.340, by a deadline set by the Board.