1. LawStack
  2. Title 42 - Public Health
  3. Chapter IV - CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES
  4. Subchapter B - MEDICARE PROGRAM
  5. Part 426 - REVIEW OF NATIONAL COVERAGE DETERMINATIONS AND LOCAL COVERAGE DETERMINATIONS
  6. Subpart C - General Provisions for the Review of LCDs and NCDs
  7. 42 CFR § 426.330
42 CFR § 426.330
Burden of proof
June 11, 2020
CFR

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.

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§ 426.325 What may be challenged
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§ 426.340 Procedures for review of new evidence

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