42 C.F.R. § 426.517 CMS' statement regarding new evidence.
Title 42 - Public Health
(a) CMS may review any new evidence that is submitted, regardless of whether the Board has stayed the proceedings, including but not limited to new evidence: (1) Submitted with the initial complaint; (2) Submitted with an amended complaint; (3) Produced during discovery; (4) Produced when the Board consults with scientific and clinical experts; and (5) Presented during any hearing. (b) CMS may submit a statement regarding whether the new evidence is significant under §426.340, by a deadline set by the Board.
Title 42: Public Health
PART 426—REVIEW OF NATIONAL COVERAGE DETERMINATIONS AND LOCAL COVERAGE DETERMINATIONS
Subpart E—Review of an NCD
§ 426.517 CMS' statement regarding new evidence.

