§426.330. Burden of proof.
42 C.F.R. § 426.330
During an LCD or NCD review, an aggrieved party bears the burden of proof and the burden of persuasion for the issue(s) raised in a complaint. The burden of persuasion is judged by a preponderance of the evidence.
Notes, amendments, and revision history
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.