1. (a) General rule.

   1. (1) An NCD is a determination by the Secretary of whether a particular item or service is covered nationally under Medicare.
   2. (2) An NCD does not include a determination of what code, if any, is assigned to a particular item or service covered under Medicare or a determination of the amount of payment made for a particular item or service.
   3. (3) NCDs are made under section 1862(a)(1) of the Act as well as under other applicable provisions of the Act.
   4. (4) An NCD is binding on fiscal intermediaries, carriers, QIOs, QICs, ALJs and attorney adjudicators, and the Council.

2. (b) Review by an ALJ or attorney adjudicator.

   1. (1) An ALJ or attorney adjudicator may not disregard, set aside, or otherwise review an NCD.
   2. (2) An ALJ or attorney adjudicator may review the facts of a particular case to determine whether an NCD applies to a specific claim for benefits and, if so, whether the NCD was applied correctly to the claim.

3. (c) Review by the Council.

   1. (1) The Council may not disregard, set aside, or otherwise review an NCD for purposes of a section 1869 claim appeal, except that the DAB may review NCDs as provided under part 426 of this title.
   2. (2) The Council may review the facts of a particular case to determine whether an NCD applies to a specific claim for benefits and, if so, whether the NCD was applied correctly to the claim.

[70 FR 11472, Mar. 8, 2005, as amended at 70 FR 37704, June 30, 2005; 82 FR 5121, Jan. 17, 2017]