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The Centers for Medicare and Medicaid Services has published a final rule establishing a process for beneficiaries to appeal local or national Medicare coverage determinations, along with independent review of these coverage policies.

Under the final rule, CMS said that appeals of local coverage determinations (LCD) would be reviewed initially by an administrative law judge. Appeals from national coverage determinations (NCDs) and from a judge's decision on LCDs would be reviewed by the Health and Human Services Departmental Appeals Board. The Board's decisions could be appealed to federal court.

This rule represents the final step toward formal implementation of several appeals-related provisions of the Benefits Improvement and Protection Act of 2000, CMS explained.

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