CMS may not reinstate an NCD provision(s) found to be unreasonable unless CMS has a different basis (such as additional evidence) than what the Board evaluated.
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 426.563