---
kind: "section"
citation: "42 C.F.R. § 426.517"
title: "42"
number: "426.517"
heading: "CMS' statement regarding new evidence."
url: "https://uscodex.org/cfr/42/426.517"
---

# §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](/cfr/42/426.340.md), by a deadline set by the Board.

## 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.