---
kind: "section"
citation: "42 C.F.R. § 426.518"
title: "42"
number: "426.518"
heading: "NCD record furnished to the aggrieved party."
url: "https://uscodex.org/cfr/42/426.518"
---

# §426.518. NCD record furnished to the aggrieved party.

- (a) **Elements of the NCD record furnished to the aggrieved party.** Except as provided in [paragraph (b)](#b) of this section, the NCD record consists of any document or material that CMS considered during the development of the NCD, including, but not limited to, the following:
  - (1) **The NCD being challenged.**
  - (2) Any medical evidence considered on or before the date the NCD 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.
    - (v) **MCAC transcripts.**
  - (3) **Public comments received during the notice and comment period.**
  - (4) **Coverage decision memoranda.**
  - (5) **An index of documents considered that are excluded under paragraph (b) of this section.**
- (b) **Elements of the NCD record not furnished to the aggrieved party.** The NCD 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.