---
kind: "section"
citation: "42 C.F.R. § 426.587"
title: "42"
number: "426.587"
heading: "Record for appeal of a Board NCD decision."
url: "https://uscodex.org/cfr/42/426.587"
---

# §426.587. Record for appeal of a Board NCD decision.

- (a) **Elements of the Board's NCD review record furnished to the public.** Except as provided in [paragraph (b)](#b) of this section, the Board's NCD review record consists of any document or material that the Board compiled or considered during an NCD review, including, but not limited to, the following:
  - (1) **The NCD complaint.**
  - (2) **The NCD and NCD record.**
  - (3) **The supplemental NCD record, if applicable.**
  - (4) **Transcripts of record.**
  - (5) Any other evidence relevant gathered under [§ 426.540](/cfr/42/426.540.md).
  - (6) **The Board's decision.**
- (b) **Documents excluded from the NCD review record furnished to the court.** The NCD review record furnished to the court maintains the seal on privileged information or proprietary data that is maintained under seal by the Board. In the event a court seeks to obtain or requires disclosure of any documents excluded from the NCD record as privileged information or proprietary data, CMS or the Department seeks to have a protective order issued for those documents, as appropriate.

## 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.