---
kind: "section"
citation: "42 C.F.R. § 426.325"
title: "42"
number: "426.325"
heading: "What may be challenged."
url: "https://uscodex.org/cfr/42/426.325"
---

# §426.325. What may be challenged.

- (a) Only LCDs or NCDs (including deemed NCDs) that are currently effective may be challenged.
- (b) **Some items are not reviewable under this part, including the following—**
  - (1) **Pre-decisional materials, including—**
    - (i) Draft LCDs;
    - (ii) Template LCDs or suggested LCDs; and
    - (iii) **Draft NCDs, including national coverage decision memoranda.**
  - (2) **Retired LCDs or withdrawn NCDs.**
  - (3) **LCD or NCD provisions that are no longer in effect due to revisions or reconsiderations.**
  - (4) **Interpretive policies that are not an LCD or NCD.**
  - (5) **Contractor decisions that are not based on section 1862(a)(1)(A) of the Act.**
  - (6) **Contractor claims processing edits.**
  - (7) **Payment amounts or methodologies.**
  - (8) **Procedure coding issues, including determinations, methodologies, definitions, or provisions.**
  - (9) **Contractor bulletin articles, educational materials, or Web site frequently asked questions.**
  - (10) **Any M + C organization or managed care plan policy, rule, or procedure.**
  - (11) **An individual claim determination.**
  - (12) Any other policy that is not an LCD or an NCD as set forth in [§ 400.202](/cfr/42/400.202.md) of this chapter.

## Notes

### Authority

Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh)

### Source

Source: 68 FR 63716, Nov. 7, 2003, unless otherwise noted.