---
kind: "section"
citation: "42 C.F.R. § 426.418"
title: "42"
number: "426.418"
heading: "LCD record furnished to aggrieved party."
url: "https://uscodex.org/cfr/42/426.418"
---

# §426.418. LCD record furnished to aggrieved party.

- (a) **Elements of a contractor's LCD record furnished to the aggrieved party.** Except as provided in [paragraph (b)](#b) of this section, the contractor's LCD record consists of any document or material that the contractor considered during the development of the LCD, including, but not limited to, the following:
  - (1) **The LCD being challenged.**
  - (2) Any medical evidence considered on or before the date the LCD was issued, including, but not limited to, the following:
    - (i) **Scientific articles.**
    - (ii) **Technology assessments.**
    - (iii) **Clinical guidelines.**
    - (iv) Statements from clinical experts, medical textbooks, claims data, or other indication of medical standard of practice.
  - (3) Comment and Response Document (a summary of comments received by the contractor concerning the draft LCD).
  - (4) **An index of documents considered that are excluded under paragraph (b) of this section.**
- (b) **Elements of the LCD record not furnished to the aggrieved party.** The LCD record furnished to the aggrieved party does not include the following:
  - (1) **Proprietary data or privileged information.**
  - (2) **Any new evidence.**

## 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.