42 C.F.R. § 426.330 Burden of proof.
Title 42 - Public Health
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.
Title 42: Public Health
PART 426—REVIEW OF NATIONAL COVERAGE DETERMINATIONS AND LOCAL COVERAGE DETERMINATIONS
Subpart C—General Provisions for the Review of LCDs and NCDs
§ 426.330 Burden of proof.