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42 CFR § 426.417 - Contractor's statement regarding new evidence.

---
identifier: "/us/cfr/t42/s426.417"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "42 CFR § 426.417 - Contractor's statement regarding new evidence."
title_number: 42
title_name: "Public Health"
section_number: "426.417"
section_name: "Contractor's statement regarding new evidence."
chapter_name: "CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
subchapter_number: "B"
subchapter_name: "MEDICARE PROGRAM"
part_number: "426"
part_name: "REVIEW OF NATIONAL COVERAGE DETERMINATIONS AND LOCAL COVERAGE DETERMINATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh)"
regulatory_source: "68 FR 63716, Nov. 7, 2003, unless otherwise noted."
cfr_part: "426"
---

# 426.417 Contractor's statement regarding new evidence.

(a) The contractor may review any new evidence that is submitted, regardless of whether the ALJ has stayed the proceedings, including but not limited to—

(1) New evidence submitted with the initial complaint;

(2) New evidence submitted with an amended complaint;

(3) New evidence produced during discovery;

(4) New evidence produced when the ALJ consults with scientific and clinical experts; and

(5) New evidence presented during any hearing.

(b) The contractor may submit a statement regarding whether the new evidence is significant under § 426.340, within such deadline as the ALJ may set.