Friday, July 31, 2026

Major News: FDA Posts Its 28pp Review of ArteraAI - Breast Cancer Computational Pathology

In May 2026, Arera AI got FDA clearance for its computational pathology test for breast cancer.  FDA can take "weeks to months" to post its 20- to 30-page review packet - and the breast cancer review is now public.

Artera AI Breast Cancer (NEW)

See the K254114 product home page here;

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfPMN/pmn.cfm?ID=K254115

See the FDA's 28-page 510(k) review here:

https://www.accessdata.fda.gov/cdrh_docs/reviews/K254115.pdf

FDA notes that the application includes a Predetermined Change Control Plan PCCP for updates.

See the four-page letter here:

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfPMN/pmn.cfm?ID=K254115

See the 864.3755 regulatory classification here, product classification SHW:

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfpcd/classification.cfm?id=5520

Pathology software algorithm device analyzing digital images for breast cancer prognosis

From 2025: Artera AI Prostate Cancer (2025)

FDA's de novo approval of Artera AI Prostate dates to last summer, July 2025.  See the product home page here for DEN240068:

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfpmn/denovo.cfm?id=DEN240068

See the classification order (letter) here:

https://www.accessdata.fda.gov/cdrh_docs/pdf24/DEN240068.pdf

See the 24-page Decision Summary here:

https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN240068.pdf

See the 864.3755 regulatory classification here, product classification SFH

https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfpcd/classification.cfm?id=5519

Pathology software algorithm device analyzing digital images for cancer prognosis

NOTE:

As shown above, the breast cancer home page product classification links to a product classification with "5520" in the link, and states it is under 864.3755, 510(k), last update 7/27/2026. Text re: breast cancer.

The prostate cancer product profile product classification links to a product classification with "5519" in the link, and ALSO states it is under 864.3755, but gives somewhat different text (re: "cancer prognosis").  Last update 7/27/2026.  


##  CALLBACKS ##

  • I discussed then-available Artera digital pathology documents in a May 14, 2026 blog here.
  • In mid July 2026,  I released a detailed AI generated white paper on H&E prognostics vs wet-lab prognostics (Oncotype), find it here.
  • FDA by law places new lab tests into CLIA classifications.  See FDA rules here. See CLIA discussion of FDA classification of CLIA tests here.   Search the "FDA CLIA Database" here. For example, search PAIGE and get the FDA-CLIA classification for Paigue system ("high complexity.")  See also this view.


###  DETAILED AI REVIEW OF 

NEW FDA ARTERA BREAST DOCUMENT ###


Chat GPT 5.6 writes, "I read the 2026 ArteraAI Breast 510(k) decision summary (K254115) primarily against the 2025 ArteraAI Prostate De Novo (DEN240068). The breast document is interesting not merely as a second Artera product, but because it shows what happens once FDA has created a Class II pathway for this kind of pathology-AI prognostic device: the prostate De Novo established the regulatory beachhead; a year later, Artera could bring breast cancer through a conventional 510(k), explicitly citing prostate as the predicate."

Bottom line

ArteraAI Breast is a prognostic, not predictive, AI test. It takes H&E whole-slide images from an already diagnosed, resected HR+/HER2−, N0/N1 early breast cancer, plus three conventional clinical variables—age, tumor size, and nodal status—and generates an ArteraAI score, a binary Low/High classification, and associated observed 5- and 10-year distant-metastasis risks. It is not cleared to say whether chemotherapy, endocrine therapy, or another treatment will work better.

Its pivotal validation is reasonably substantial: 1,271 patients, three US sites, with clear separation between the two risk groups. At 5 years, DM risk was 0.9% Low versus 8.7% High; at 10 years, 2.8% versus 16.6%. Sixty-five percent of patients were Low and 35% High.

The regulatory story may be almost as interesting as the clinical story.

Prostate 2025 → Breast 2026

ArteraAI Prostate, 2025ArteraAI Breast, 2026
FDA routeDe Novo DEN240068510(k) K254115
Regulatory roleCreated new Class II device typeUses prostate as predicate
Regulation21 CFR 864.3755Same, 21 CFR 864.3755
Product codeSFHSHW
Input tissueProstate core biopsy, H&E WSIBreast resection, H&E WSI
Other algorithm inputsEssentially image onlyAge + tumor size + nodal status
Primary clinical output10-y DM + PCSM5-y and 10-y DM
CategoriesLow / Intermediate / HighLow / High
Pivotal validationn=886n=1,271
PCCPAdd FDA-cleared WSI scannersAdd FDA-cleared scanners and file formats

FDA's breast decision summary expressly identifies DEN240068 ArteraAI Prostate as the predicate and then lays out the similarities and differences. The breast indication is substantially different biologically, but FDA regarded the underlying device concept—locked deep-learning software operating on FFPE H&E WSIs to produce prognostic cancer-risk information—as sufficiently similar for substantial equivalence.

That is a rather important precedent. The De Novo was the hard regulatory step. Once FDA classified “software algorithm device analyzing digital images for cancer prognosis” as Class II and established the special-control framework, Artera had a predicate from which to extend the platform into another tumor type. The prostate decision explicitly concluded that general controls alone were insufficient but that the special controls made the benefit-risk acceptable and created the Class II device type. The breast review, by contrast, ends with the much shorter 510(k) conclusion that the evidence supports substantial equivalence.

What exactly is ArteraAI Breast?

This is worth emphasizing because it is easy to describe it too loosely as an “AI pathology test.”

It is actually a multimodal prognostic algorithm. The AI consumes:

  1. H&E WSIs from breast resection tissue; and

  2. physician-supplied age, tumor size, and nodal status.

The deep-learning engine combines clinical variables with image-derived features; the model is locked, rather than continuously learning.

The report gives:

  • an ArteraAI risk score;

  • Low versus High;

  • observed 5-year DM risk from the clinical validation data; and

  • observed 10-year DM risk from that data.

Thus it is somewhat different conceptually from a pure “pixels-to-prognosis” device. Age, tumor size and nodes are actually inside the algorithm, not merely displayed alongside its result. In prostate, FDA says that additional clinical data entered into the portal were not used as algorithm inputs.

That distinction matters both scientifically and commercially: some of the breast score's performance presumably comes from three already quite prognostic clinical variables, in combination with the morphology signal.

The breast clinical evidence

The pivotal cohort contained 1,271 HR+/HER2−, pT1–T3, pN0–N1, pM0 patients, diagnosed between 2006 and 2019, retrospectively assembled from three US sites. Patients had undergone surgery and endocrine therapy; chemotherapy and other standard care were permitted.

The cohort looks clinically recognizable for the intended population:

  • median age 62;

  • 84% N0, 16% N1;

  • 65% received endocrine therapy only;

  • 23% had chemotherapy;

  • 34% grade 1, 55% grade 2, 11% grade 3;

  • 65% classified Artera Low, 35% High.

One weakness worth noting is that although there are three sites, one site supplies 1,031 of the 1,271 patients—81% of the entire validation cohort. The other two contribute only 186 and 54. That is much less balanced than the prostate pivotal study, whose three sites contributed 33%, 50% and 17%, respectively. The prostate study had 886 patients.

Clinical discrimination is quite clear

The 5-year result is:

  • Low: 827 patients; 7 DM events; 0.9% estimated risk.

  • High: 444 patients; 38 events; 8.7%.

  • Overall: 3.6%.

At 10 years:

  • Low: 15 events; 2.8%.

  • High: 57 events; 16.6%.

  • Overall: 7.6%.

Those are clinically meaningful separations, and FDA explicitly calls the differences statistically and clinically significant.

There is also evidence that the continuous score contains information beyond the single Low/High cutoff. FDA presents four score bins:

  • score 5.9–<25 → 10-y DM 2.1%

  • 25–30 → 3.5%

  • 30–<50 → 13.1%

  • 50–68 → 27.7%

The same monotonic pattern occurs at five years.

The graph on page 26 is in some respects the most informative figure in the document: it shows that the binary cutoff at about 30 is convenient for reporting, but the underlying score behaves more like a graded prognostic variable.

One small but interesting caveat is also visible there: the validation cohort had no patients with scores >70. The figure assigns the >70 region the same 15.6% 5-year and 27.7% 10-year risks as the 50–68 group, with the explicit footnote that those estimates are based on patients scoring 50–68.

So I would not describe the FDA-cleared output as a perfectly calibrated individualized probability across an unrestricted 0–100 continuum. FDA's own description is more careful: the report includes the score, classification, and observed risks from the clinical-validation dataset.

Comparison with the prostate clinical result

Prostate had a somewhat more dramatic High-risk separation:

  • Low: 3.3% 10-year DM

  • Intermediate: 6.6%

  • High: 28.1%

  • Overall: 8.1%.

It also predicted prostate-cancer-specific mortality, with 10-year PCSM of 0.6% Low, 1.1% Intermediate and 10.2% High.

Breast is therefore in one respect simpler: two risk classes and one clinical endpoint, distant metastasis, but it adds the five-year horizon and a continuous score.

I would not compare the 28.1% prostate High risk with the 16.6% breast High risk as though this shows that one algorithm is better. They are entirely different diseases, populations, treatments and cutoffs. What is comparable is that FDA accepted essentially the same paradigm: use long-term outcomes from archived randomized-trial/clinical-study material for model development, and then demonstrate clinically meaningful risk stratification in an independent retrospective US cohort.

An interesting point about model development

The breast model was developed from multiple prospective trial datasets and, notably, included both pretreatment biopsies and surgical slides during development, although the final intended-use specimen is the breast resection. FDA says the development data came from WSG ADAPT, WSG PlanB, NSABP B34 and ABCSG 6 and incorporated the image data plus age, tumor size and nodal status.

The pivotal test set, however, properly corresponds to the cleared use: pretreatment H&E slides from the surgical specimen, with the highest-grade/highest-tumor-content slide selected.

Race subgroup: reassuring ordering, but I would be cautious about calibration

There are 140 African American patients versus 1,069 White patients. At five years the overall DM rate was almost identical—3.6% versus 3.7%—and Low remained lower than High in both groups.

At ten years, however, there is a notable absolute-risk difference:

  • White High: 20.1%

  • African American High: 6.4%

  • White Low: 2.8%

  • African American Low: 3.2%.

The African American High group contains only 63 patients and four 10-year DM events, with a wide 95% CI of 2.4%–16.1%. So the directional discrimination remains, but I would be reluctant to infer that the absolute risk estimates are equally calibrated across racial groups.

Interestingly, the prostate De Novo had almost the opposite-looking subgroup observation: among its 72 African American patients, the estimated 10-year DM risks were higher than among non-African American patients, and FDA explicitly cautioned that the African American subgroup was limited.

PCCP — this is more significant than a housekeeping paragraph

The breast submission actually lists establishment of a PCCP as one of its two purposes, right alongside clearance of the new device. The authorized change is the ability to add additional FDA-cleared interoperable WSI scanners and file formats.

This is not Artera's first PCCP. The prostate De Novo already contained one. The prostate plan authorized later addition of FDA-cleared WSI scanners; its intended-use language explicitly contemplated either the originally authorized scanner or another 510(k)-cleared scanner qualified under the PCCP.

The evolution is:

Prostate 2025:
Philips Ultra Fast was the initial scanner. PCCP created a mechanism to qualify additional FDA-cleared WSI scanners.

Breast 2026:
The device starts out cleared with both Philips Ultra Fast and Leica Aperio GT450 DX, and the PCCP covers future FDA-cleared scanners plus their file formats.

That is quite practical. Scanner dependence has been one of the potential regulatory bottlenecks for pathology AI. Without some such mechanism, every new scanner or image format potentially becomes a device modification requiring FDA analysis about whether another premarket submission is needed. The PCCP pre-specifies how Artera can make this class of modification and validate it.

What FDA allows Artera to change

For a new scanner, Artera may:

  1. modify the UI to offer the new scanner in the upload workflow;

  2. modify the backend so that it recognizes/verifies the new scanner's image metadata; and

  3. where needed, modify the image converter so that the scanner's file can be converted into the format expected by the AI engine.

The core prognostic algorithm is not what is being opened for modification. The AI remains a locked model. The PCCP is basically an interoperability PCCP, not permission to retrain the breast prognostic model or alter its cutoff.

Before adding a scanner, Artera must use the specified verification/validation procedure and acceptance criteria to demonstrate comparable performance and assure that the software modification has not adversely affected already supported scanners or other device functions. Once validation succeeds, the labeling can be updated to list the additional interoperable scanner.

The analytical work in the breast submission explains why the PCCP is credible

FDA already has direct evidence that the same locked algorithm can operate with two quite different scanner/file ecosystems:

  • Philips: 40×, 0.25 μm/pixel, proprietary iSyntax

  • Leica GT450 DX: 40×, 0.26 μm/pixel, SVS.

They tested 50 breast specimens across three labs, over five nonconsecutive days, on both systems, including cases close to the Low/High cutoff.

Reproducibility CVs were up to 8.4% for Philips and 4.7% for Leica. Most samples had 100% categorical agreement; unsurprisingly, the few disagreements clustered around the cutoff. For example, a Philips borderline case with mean score 30.4 was Low in 53% and High in 47% of replicate measurements. A couple of Leica borderline cases likewise crossed the cutoff.

That is actually useful disclosure rather than alarming: scanner/day variability matters very little away from the threshold and can flip classifications close to it. It also explains why a rigorous scanner-qualification PCCP is needed.

The prostate PCCP was strikingly similar in architecture: qualify another FDA-cleared scanner, update UI/backend/converter as necessary, validate against the original Philips performance, then update labeling. Breast essentially inherits and modestly broadens that playbook.

Chat GPT writes:
What I think is most noteworthy

[The AI writes] My read would be:

1. FDA has now validated a regulatory platform, not merely two isolated algorithms.
The 2025 De Novo created the Class II category; the 2026 breast clearance demonstrates that a substantially different cancer prognosis application can use that prostate device as the predicate. That should make additional Artera tumor types—assuming comparable evidence—much more straightforward regulatory projects.

2. The breast product is less “pure AI pathology” than one might assume.
It mixes morphology with age, tumor size and nodal status. Consequently, one should not attribute all of its discrimination to AI extraction of previously invisible H&E morphology.

3. The clinical separation looks quite respectable.
A 65% Low population with only 0.9% 5-year and 2.8% 10-year DM, against 8.7% and 16.6% in High, is a potentially clinically useful prognostic distinction.

4. But this FDA clearance does not establish treatment prediction.
The chemotherapy/endocrine subgroup tables show that the prognostic stratification persists within treatment groups; they do not show an interaction proving that one Artera group derives more or less benefit from chemotherapy. FDA consistently describes the device as assisting prognostic risk-based decisions.

  • That distinction will be especially important if Artera eventually positions this against genomic breast assays whose clinical value propositions include informing chemotherapy decisions.

5. PCCP is strategically important.
I would give it more attention than the few pages FDA devotes to it. Artera has effectively separated two kinds of change: the medical algorithm stays locked, while the digital-pathology infrastructure around it can expand in a pre-authorized, validated fashion. The prostate De Novo introduced this concept; breast demonstrates its reuse and extends it to file formats as well as scanners.

6. The breast validation is larger than prostate, but less evenly multicenter.
n=1,271 versus 886 is favorable, but the 81% contribution from one breast site is worth keeping in mind. Likewise, the race subgroup analyses preserve risk ordering but are too small to give me great confidence in subgroup-specific absolute calibration.

If the purpose of your review [of the new FDA breast cancer device]  is partly reimbursement/clinical adoption, the next question I would focus on is quite different from FDA's question: 

  • What does ArteraAI Breast add over clinicopathologic variables alone  ----  and 
  • Over established breast genomic assays such as Oncotype DX? 

The FDA summary convincingly establishes prognosis and substantial equivalence; it does not in this document demonstrate the incremental prognostic value of the image AI over age + tumor size + nodes, or demonstrate predictive utility for chemotherapy. Those are likely to be much more central to payer evidence than the 510(k) itself.

Thursday, July 30, 2026

AI Guest Author: AI Researches, Writes, White Paper on the "87798" Story at Medicare

A once-obscure CPT code, 87798, PCR for "other organism," exploded in usage to become the highest-paid molecular code in 2014.  During 2016, OIG reports have appeared and Medicare MACs rapidly began to slash payments for 87798.  See a representative Linked In article, here.

As an experiment in AI writing - I briefly asked Chat GPT 5.6 to research 87798 at Linked In at elsewhere, get 20-30 references, and then write a white paper.   That is, my instructions were minimal, and the project was AI-based research and writing.

Here is the 16-page PDF white paper:

https://drive.google.com/file/d/1qGAjKawZyn3n7OCL96IoNVgdyfUDKHOz/view?usp=sharing





Wednesday, July 29, 2026

Very Brief Blog: New Book Coming: Pixels and Precision Pathology

 It's not out yet, but I'm seeing publicity for a new book on computational pathology, "Precision Pathology: From Pixels to Predictions."  Springer, here

The Amazon page says it ships November 4, 2026, here.

See LinkedIn for one of the coauthors, Dr. Gu of Pittsburgh, here.

If that's of interest, you may also like Rajni Toppo's essay, Human vs. Machine Judgment in Pathology: Rethinking the “Human Baseline” - here.

And you might like a new article in NEJM AI, "Tranlating AI in Pathology into Clinical Impact" (Su et al., 2026).


Back to the "Precision Pathology" book, here is a quick AI summary:

Precision Pathology: Pixels to Predictions captures pathology’s transformation from microscope to computational medicine. Grounded in real-world workflows, it explores digital pathology, AI, foundation and agentic models, and multi-omics. 

Its concept of “pixelomics” traces the journey from pixels to patterns, diagnosis, prediction, and molecular insight—offering pathologists, trainees, and researchers a practical guide to the emerging future of precision pathology.

##
##
Also in today's news, a long headline article on AI from NYT (July 29):

The Times describes an unprecedented global build-out of AI computing infrastructure. About 20 million advanced chips support AI today, potentially rising tenfold by 2028, as U.S. tech giants spend hundreds of billions on data centers. Advocates expect accelerating breakthroughs, agents, and automation; critics warn of bubbles, job disruption, soaring electricity demand, environmental impacts, widening inequality, and intensifying U.S.-China geopolitical rivalry.

 


  

Tuesday, July 28, 2026

AI Corner: AI Counts New Diagnostic LCDs, Timelines

I was interested in how many LCDs the different MACs produce for lab diagnostics (MolDx, Novitas, Wellpoint Federal [former NGS MAC].)

To my surprise, Chat GPT was able to follow instructions, search the CMS database for different parameters, and produce clean tables as output.  It could also volunteer insights along the way.

You can see my long dialog with Chat GPT in a PDF, and also get Excel tables for MolDx, Novitas, Wellpoint, in this cloud zip file.

https://drive.google.com/file/d/1ASG_aO-28uEDD8qiujrb4OzUTqFitxlx/view?usp=sharing

MolDx

For a 3-year period, it pulled 7 LCDs, although only one or two (L39583, Squamous Risk Stratification) were for wholly new tests.  Some LCDs brought older coverage under one new foundational policy.  A couple were for well-known guideline hereditary genes e.g. L39953, genes for thoracic aorta designs.   These are important LCDs, but if YOUR test is some "wholly novel idea," you'd be asking, how many such LCDs they put out, not which genes are covered for aortic aneurysms.

Of course, MolDx specializes in broad "foundational" LCDs, so new tests from new labs are added on a rolling basis via Z code activation.

Regarding timelines, request received to LCD draft released, shows ~800 days was typical (range, 724-1494 days).

Novitas

At Novitas, Chat GPT followed the same template and found just one new diagnostics LCD, L39365 which non covers 9 out of 9 proprietary LDT oncology tests. 

There was no request-to-final time, as it was internally generated. However, the record does show it dragged through comment and revisions for about 30 months, a kind of timeline check.

Wellpoint

Chat GPT tallied 3 LCDs at Wellpoint, l39611 for urine drug testing, L39995 for PGx (very similar to MolDx LCD for PGx0, and l39726 for "KidneyIntelX."   Only the third, KidneyIntelX, would be of interest as a "wholly novel test" LCD.

As to timeline, none listed a formal request-letter of record.  However, clever AI reports that Renalytix publicly stated it had submitted an LCD request in October 2022, and the LCD was finaled in June 2024,  so we can infer about 20 months from request to final LCD.  

There was a CAC along the way, in August 2023. Code 0407U for KidneyIntelX had about 250 CMS payments in 2024.   RENX 2018-2025 raised about $220M for a current market cap of $15M.

Take Home Lesson for Innovators

In the three years studied, Chat GPT (working on its own) reports 9 LDT non coverage decisions at Novitas (1 LCD); 1 novel test LCD at Wellpoint, and several novel LCDs (like one on squamous cancer MAAA) at MolDx.   As noted, counting at MolDx was more complex; guideline-matching hereditary gene coverage probably is not germane for someone with a new-out-of-the-box creation.

click to enlarge


click to enlarge






Nerd Note: How CMS Handles Initial OPPS Pricing of the Newest Cat III Codes

In the previous blog, I noted that CMS provides proposed OPPS/APC prices of Cat III codes that won't be effective for six months...and that don't even have public final code numbers.  (The same blog shows a comment letter from Valar that includes both the placeholder codes and real codes side-by-side).

This is a Chat GPT explanation of how that particular bit of CMS magic works.

###


CMS Prices New CPT Category III Codes
Before Their Final Code Numbers Are Public

Yes it does! And CMS explicitly discusses how it handles new CPT Category I and Category III codes that will take effect January 1, 2027 even though their final CPT numbers have not yet been released publicly.

The key discussion is in the CY 2027 OPPS Proposed Rule at 91 Fed. Reg. 41787–41788, Section III.A.4.b, “New CPT Codes Proposed Rule Comment Solicitation.”

CMS explains that it receives the upcoming January CPT codes from the AMA early enough to use them in the OPPS proposed rule:

“For the CY 2027 OPPS update, we received the CPT codes that will be effective January 1, 2027, from the AMA in time [by June 1?] to be included in this proposed rule [with proposed prices].

However, because the permanent CPT numbers are not yet available for use in the proposed rule, CMS uses five-character AMA/CMS placeholder codes. Thus codes such as X568T, X569T, X614T, X623T, and X624T appear in the proposed OPPS files even though those are not the eventual CPT numbers.

CMS divides the information between two addenda.

Addendum B [dollars] contains the placeholder code, a short descriptor, the proposed OPPS status indicator, APC assignment, and therefore the proposed payment.

Addendum O [words] contains the placeholder code together with the full long CPT descriptor. CMS specifically explains:

“Therefore, we are including the 5-digit placeholder codes and the long descriptors for the new and revised CY 2027 CPT codes in Addendum O, specifically under the column labeled ‘CY 2027 OPPS/ASC Proposed Rule 5-Digit AMA/CMS Placeholder Code.’”

Nerd note:  Appendix O has nearly 200 codes of different types (Cat III, also CPT Cat I, G-code, etc) that were in some state of partial definition as the rule went to press in June. 

CMS then states that the final HCPCS/CPT code numbers will appear in the CY 2027 OPPS/ASC final rule. Thus CMS is able to propose an APC assignment—and an actual dollar payment—for a new Category III service before the public-facing permanent Category III number has appeared. 91 Fed. Reg. 41787–41788.

CMS's OPPS rule and addenda are available here:

https://www.cms.gov/medicare/payment/prospective-payment-systems/hospital-outpatient/regulations-notices

The Regulations.gov docket for the CY 2027 OPPS proposed rule is:

https://www.regulations.gov/docket/CMS-2026-2344

There is also a parallel discussion for the ASC payment system at 91 Fed. Reg. 41935–41936. There CMS again explains that it has received the January 2027 CPT codes from AMA, uses five-character placeholder codes in the proposed rule, places their complete long descriptors in Addendum O, and will substitute the final CPT numbers in the final rule.

The Valar Codes Provide a Good Example

The Valar comment supplies the subsequent permanent numbers for several of these placeholders:

X568T → 1063T — Vesta Bladder Risk Stratify
X569T → 1064T — Vesta Bladder BCGPredict
X614T → 1097T — Vitara Pancreas ChemoPredict
X623T → 1106T — H&E AI analysis, breast cancer
X624T → 1107T — H&E AI analysis, prostate cancer

Valar also reproduces the full descriptors for its three own codes.

So the somewhat counterintuitive sequence is:

AMA creates and communicates the new CPT code to CMS → CMS publishes it under an Xxxxx placeholder and proposes an APC/payment → AMA's permanent CPT number becomes available → CMS substitutes that final number in the OPPS final rule.

The particularly interesting point for the SaMS discussion is that CMS isn't merely acknowledging these unreleased codes are in play. CMS staff are already making substantive payment-policy decisions about them—including whether an algorithm gets $350.50 or $750.50—while identifying the service publicly only through its temporary AMA/CMS placeholder code.

AMA Releases Cat III Codes; CMS Prices New Digital Pathology Cat III Codes

 A lot of action on the digital pathology front.

#1
AMA RELEASES Dig Path CODES

After the equivalent of a moratorium on new digital pathology codes, AMA began adding some to the Category III code set at February 2026 and May 2026 CPT meetings.   Those codes, while not active until January 2027, were published by AMA CPT on July 10.

Find the AMA home page for Cat III here.  Jump straight to the 17-page PDF of new codes here.

Let's focus on five new digital pathology codes created since the moratorium thawed:

1063T

Oncology (bladder), augmentative algorithmic analysis of histomorphologic features in digitized slides from formalin-fixed paraffin-embedded (FFPE) bladder cancer tissue (high-grade, non-muscle invasive), with clinicopathologic variables entered by the qualified health care professional; algorithm-derived parameters reported as prognostic of recurrence and progression, including hematoxylin and eosin staining of tissue sections, and digitization of glass microscope slides, when performed.

1064T

Monday, July 27, 2026

Excellent Movie May Contain Medicare Policy Error

 I live in Hollywood; I love movies.   I've worked on CMS policy for twenty years; I love CMS policy.

Here's a potential glitch where the two coincide.

One of the top-rate films of the last couple months is TUNER, which covers romance, classical music, and ruthless dangerous criminals in one package. Plus it's set in NYC and contains several scenes in the modern underground 600-seat Zankel Hall (2003).  Starring Leo Woodall, Havana Rose Liu, and Dustin Hoffman. 95% at Rotten Tomatoes.

Dustin Hoffman is a crotchety old guy who got p*ssed off at Medicare and "stopped paying his premiums."  Due to which, he owes $36,000 to the neighborhood hospital.   (The plot requires Hoffman to have a big debt that young Woodall must respond to.)

Glitch?

Medicare Part A doesn't have any premiums, and it pays a huge proportion of hospital costs, so it would be very hard to develop $36,000 in Part A deductibles or copays.

Medicare Part B does have premiums (circa $200/month), and if you stop paying your premiums, your Part B stops and all your doctor bills accumulate.  But those are doctor bills, they wouldn't be a $36,000 hospital fee.  

So, not paying your Part B premium out of crotchety-ness wouldn't give you that $36,000 hospital debt.

An Angle?

Possibly he had $36000 of Part B hospital outpatient services (PET scans, knee surgeries) at the hospital.  Or an overnight observation (Part B) not considered an inpatient admission (Part A).

Or, see my recent experience where a $400 Medicare MRI started as a $15,000 charge (!) to me and Medicare from the hospital.  Just two of those MRI's - if charged at uninsured person rates rather than published Medicare rates - would put you into the $36,000 range.


  


Two Articles by Lennerz: (1) Fixing European IVD Regs, (2) Flexible & Agile Regulation

 One of the most reliably interesting voices on Linked In is Joe Lennerz, successively of Harvard, Boston Gene, and now Natera.  Find his home page here, his Linked In postings here.

In the last few days he's co-authored several important publications.   Kahles et al. appears in Health Policy & Technology, covers major problems arising from recent changes to IVR regulations in Europe.  Find it here.   

Pair that with Schneider et al., Npj Digital Medicine, wit the title, "Can Laws Be Flexible? Rethinking Legislation for Innovation."  Released July 22, find it here.



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AI Corner

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Two 2026 Papers on Making Diagnostics Regulation More Adaptable

Schneider et al., “Can Laws Be Flexible? Rethinking Legislation for Innovation.” This broad conceptual paper asks how legislation can remain stable and democratically legitimate while responding more intelligently to rapid technological change. The authors borrow the idea of “agility” from software development—not to advocate quick-and-loose lawmaking, but to build feedback, evidence collection, periodic review, and predefined opportunities for revision into the regulatory lifecycle. They distinguish relatively permanent normative commitments, such as fundamental rights and accountability, from technical specifications and implementation rules that may appropriately change as evidence accumulates. Their illustrations include Germany’s staged introduction of digital-health legislation, adaptive mechanisms within the EU AI Act, and the five-year congressional reauthorization cycles for FDA drug and device user fees. 

The important insight is that agile legislation is not one unusually flexible statute; it is a coordinated governance system involving legislation, delegated rulemaking, standards, guidance, enforcement, and judicial review. The authors are also alert to the danger of technocracy: elected bodies must continue to establish goals and boundaries, while expert institutions generate evidence and make only bounded, reviewable adjustments.

Kahles et al., “Reforming IVDR Article 5(5).” This shorter commentary applies much the same philosophy to a highly specific and immediate problem: the European IVDR requirements governing in-house laboratory tests. The authors argue that the European Commission’s proposed reform should be understood as regulatory recalibration, not deregulation

Most importantly, laboratories would no longer have to prove that no equivalent commercial CE-marked test is available before using an in-house IVD. The proposal would also permit limited transfers between health institutions for compelling public-health or patient-care reasons, reduce documentation requirements for laboratories accredited under ISO 15189, and extend the in-house exemption to certain central laboratories producing tests exclusively for clinical trials. Yet core obligations—quality management, safety and performance requirements, transparency, traceability, inspection, and incident oversight—would remain. 

The paper’s caution is that shifting responsibility from premarket gatekeeping to institutional quality systems may work unevenly, particularly for high-risk, software-intensive, or algorithmic diagnostics. Success will depend on consistent interpretation, adequate inspection capacity, and careful policing of the boundary between clinical-trial testing and routine clinical use.

Common themes and insights. Both papers include Jochen K. (“Joe”) Lennerz, identified with Natera, and they share a recognizable regulatory philosophy. Regulation should not depend exclusively on a large, static barrier erected before a technology is used. Instead, safety can be protected through a lifecycle model combining qualified institutions, explicit accountability, real-world evidence, post-market monitoring, periodic reassessment, and bounded authority to adjust technical requirements. 

In the broader paper, this becomes a general theory of “agile legislation”; in the IVDR paper, it becomes a concrete proposal to replace an overly rigid test-by-test restriction with accreditation, quality systems, traceability, and continuing oversight. 

Neither article argues that innovation should escape regulation. Their stronger and more useful claim is that regulation should be designed to learn: preserve stable principles, permit controlled implementation, observe what happens, and revise the operational rules when experience shows that the original framework is unnecessarily burdensome, ineffective, or technologically obsolete. Lennerz’s corporate affiliation supplies a diagnostics-industry connection, but both articles frame their arguments principally around institutional design, patient safety, access, and the sustainability of diagnostic innovation.

Citations

Schneider NK, Stern AD, Price WN II, Lennerz JK. Can laws be flexible? Rethinking legislation for innovation. npj Digital Medicine. 2026;9:566. doi:10.1038/s41746-026-02846-5.
https://doi.org/10.1038/s41746-026-02846-5

Kahles A, Lennerz JK, Schirmacher P, Stenzinger A. Reforming IVDR Article 5(5): Will the European Commission’s proposal reduce regulatory burden for in-house IVDs? Health Policy and Technology. 2026;15:101284. doi:10.1016/j.hlpt.2026.101284.
https://doi.org/10.1016/j.hlpt.2026.101284


Sunday, July 26, 2026

WSJ Opinion Piece: "Trump's Plan to Reform the AMA"

On July 14, the Washington Post had a scoop as the physician payment rule was released: it would contain an abrasive RFI going after AMA for its payment institutions, the CPT and the RUC.  (Here, here.)

The WSJ had to take a time-out, but today we get a viewpoint (in WSJ) on Trump/RFK/AMA, and written by Kurt Miceli as an opinion piece.  Dr . Miceli is chief medical officer at the organization, "Do No Harm."  Which is, fighting "the disastrous consequences of identity politics."


Here's what Chat GPT made of it:

Do No Harm is a physician-led advocacy organization that opposes DEI initiatives and certain gender-related policies in medicine. It operates primarily through public commentary, research reports, litigation, and policy advocacy. Dr. Kurt Miceli, its chief medical officer, is trained in internal medicine and psychiatry. (Do No Harm)

In his Wall Street Journal op-ed, Miceli combines criticism of the AMA’s policy positions with a structural argument about its role in medical coding. The AMA receives substantial licensing revenue and institutional influence from CPT, while the RUC gives organized medicine an important role in physician-payment recommendations. Miceli argues that this position makes the AMA less dependent on physician membership and therefore less accountable to the views of practicing doctors.

His implied theory is that reducing the government’s reliance on CPT or the RUC would diminish the AMA’s revenue and influence, forcing it to rely more heavily on membership support. Because he believes practicing physicians are generally more conservative than the AMA’s leadership on DEI and gender policy, he expects greater member dependence to moderate the organization’s positions.

That outcome is not automatic: changing CPT or RUC arrangements would directly affect coding, payment policy, revenue, and the size (budget) of AMA, but any resulting change in the AMA’s political orientation would be indirect and uncertain.

BQ: I would argue, contra Miceli, that some white papers somewhere on the AMA website about DEI or an Op Ed on the same in JAMA -- don't necessarily affect the national dialog on DEI very much, or even effect the AMA itself, that much.  AMA will still oppose expansion of N.P. capabilities, oppose reducing physician work via AI, insist urgently on raising RVU dollar rates, and so on.    

I would also argue it's less "Trump" (in Miceli's WSJ headline) but RFK Jr who tracks this.

See Peter Sweson's 2021 book, Disorder: A history of reform, reaction, and money in American medicine; about decades of left-wing and right-wing swings at AMA.

in 2021, I wrote about AMA's report on the burden on AMA of too many white men - here.

In 2021, I relayed news about a JAMA issue on DEi that was quickly criticized for not having BIPOS authors - here.

In 2020, TMI?  You couldn't apply for a small genomic payment (pricing) group, without submitting documentation explaining your (or the candidate's) gender psychology and racial background.  Here.

BTW - Chat GPT identified articles on my blog on [AMA+DEI] faster and better than I could.  


Very Brief Blog: Hospital Charges In Real Life: $15,417 for $446

 I had an MRI in June at a nearby hospital outpatient center.  

When I log onto Medicare.gov/my/claims, I see the MRI code the hospital charged against, and the charge; $15,417.

Medicare allowed $446.50, and Medicare Part B paid 80%, leaving $89.30 to my BCBS Medigap plan.  (Separate paperwork from them shows they paid the $89.30; I owed $0.)

So the hospital charge-to-fee schedule ratio was about 30X.

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The grammar is a little confusing.  The hospital charged $15417, and the top part of the form says Medicare approved "$15417."  However, further down, the actual payment appears, which is "Total Medicare paid the facility was $350.07" (80% of allowed.)  

Medicare shows a remaining copay of $89.30 while BCBS paperwork shows $89.30 paid (but nothing about the total amounts). 

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In round numbers, my traditional fee-for-service Medicare costs about $200 a month for Part B and another $200 a month for BCBS Medigap—roughly $4,800 a year. Apart from the annual Part B deductible, there is generally little or nothing more to pay during the year.

A Medicare Advantage plan does not eliminate the Part B premium, but it generally eliminates my $200-a-month Medigap premium, potentially saving about $2,400 a year. It may also throw in modest extras, such as a $50 eye exam and $100 toward glasses.

Less visibly, however, Medicare Advantage can bring a festival of copays throughout the year—for specialists, imaging, outpatient procedures, emergency care, hospital stays, rehabilitation, and other services. In 2026, plans may expose members to as much as $9,250 for in-network medical care, or $13,900 in combined in- and out-of-network spending under a PPO. Few members will experience such a train wreck. But by December, an MA member’s accumulated copays can easily consume much—or all—of the $2,400 initially “saved” by giving up Medigap.  One M.A. copay average was quoted at $1400/year.



 


 

Friday, July 24, 2026

How I Use AI: What Percent of CRC Stool-test Orders Get Done? What Percent of Positives Get Colonoscopy?

Header:  Chat GPT rapidly answers general medical questions, here, slippage in colon cancer screening.

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We had a screening colonoscopy in the family recently and I wondered:

1) Of stool tests ordered, what percent get completed (e.g. mailed back)?

2) Of positive stool tests, what percent get the indicated colonoscopy?

Below is the direct output from Chat GPT.  I'm not taking it as gospel truth, nor have I fact-checked it.  However, it's probably directonally correct (or better) and there aren't perfect or absolute answers, anyway.  

It's pretty good for, "almost free" and "takes a few seconds."

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Completion of Stool-Based Colorectal Cancer Screening

How often is an ordered stool test completed?

FIT, United States. FIT completion varies substantially because an “order” may involve anything from handing a kit to the patient to mailing it with reminders and navigation. A reasonable practical estimate is that approximately 35%–50% of ordered or mailed FIT kits are returned in ordinary US outreach programs. In a pragmatic federally qualified health-center program, approximately 46% of ordered FITs were completed in the first year and 41% in the second. Prior behavior strongly predicted adherence: previous completers were much more likely to complete subsequent testing than previous noncompleters (Nielson et al., 2019). Programs with minimal follow-up may achieve only about 20%–35%, whereas organized mailing, reminders, and navigation can raise completion above 50%.

Cologuard/mt-sDNA, United States. Completion of an ordered Cologuard test is generally reported at about 70% within one year. Among 368,494 Medicare beneficiaries with a valid order, 44% completed the test within 30 days, 65% within 60 days, and 71% within one year (Weiser et al., 2021). A later national analysis of approximately 1.56 million first-time users similarly reported 71.3% overall completion, although completion among Medicaid beneficiaries was only 52.0% (Le et al., 2025). These findings are consistent with the likelihood that Exact Sciences’ centralized fulfillment, patient reminders, customer assistance, and tracking infrastructure improve completion relative to low-cost FIT programs. However, these are observational studies, often using Exact Sciences laboratory data, and they do not isolate the independent effect of the company’s outreach system.

Outside the United States. Organized national and regional FIT programs usually measure participation among everyone invited rather than among patients receiving a physician order. Across European programs, average FIT participation was approximately 49.5%, with a wide range of roughly 23%–71% (Senore et al., 2019). Thus, even an organized population program typically reaches only about half of eligible invitees, although the strongest programs approach 70%.

Test and settingApproximate completion
US FIT, ordinary ordered or mailed programs35%–50%
US FIT, low-touch or disadvantaged settings20%–35%
US FIT, intensive organized outreach50%–60% or higher
US Cologuard, insured populationsAbout 70%
US Cologuard, MedicaidAbout 50%
European organized FIT invitationAbout 50% average; approximately 23%–71% range

Colonoscopy After a Positive Stool Test

United States, stool tests combined. In a large study involving nearly 33,000 patients with a positive FIT, guaiac FOBT, or mt-sDNA result across 39 US healthcare organizations, 51.4% underwent colonoscopy within six months and 56.1% within one year (Mohl et al., 2023). The relatively small increase between six and twelve months suggests that the problem is not merely delayed scheduling; many patients with positive stool tests never complete the recommended diagnostic colonoscopy.

Positive Cologuard versus positive FIT. Some US studies have reported substantially higher colonoscopy follow-up after positive mt-sDNA than after positive FIT or FOBT. In one integrated-system analysis, six-month colonoscopy completion was 84.9% after positive mt-sDNA versus 42.6% after positive FIT/FOBT (Finney Rutten et al., 2020). This comparison should be interpreted cautiously because the positive mt-sDNA and FIT groups were small and unequal, and selection, insurance, clinician behavior, and manufacturer-supported communication may have contributed to the difference. Nonetheless, the findings are consistent with the hypothesis that a centralized, trackable Cologuard system produces more persistent follow-up than decentralized FIT testing.

Outside the United States. Organized FIT programs generally achieve better follow-up. An international survey of 35 screening programs found a mean 79% colonoscopy completion rate within six months, although performance varied considerably among programs (Selby et al., 2021). European screening programs have reported average compliance with colonoscopy referral of approximately 81%, with program-level rates ranging from about 64% to 92% (Senore et al., 2019).

A large Italian organized-program study included 111,423 people with positive FIT results; approximately 79% completed colonoscopy. Patients who did not undergo colonoscopy subsequently had about twice the risk of colorectal-cancer death as those who completed the diagnostic examination, although the comparison was observational and residual differences between compliers and noncompliers may remain (Zorzi et al., 2022).

Setting after positive stool testColonoscopy completion
United States, stool tests combined51% by 6 months; 56% by 12 months
United States, positive FIT in routine settingsApproximately 40%–55%
United States, positive Cologuard in selected studiesApproximately 70%–85%
Organized international FIT programsApproximately 79%–81%
Highest-performing European programsApproximately 90% or higher

Overall Interpretation

The literature identifies two major points of attrition. First, only about four in ten to one-half of US patients complete an ordinary FIT order, whereas approximately seven in ten complete an ordered Cologuard test. The difference likely reflects not only the test itself but also Exact Sciences’ centralized logistics, reminders, patient support, and ability to track an unreturned kit. 

Second, after a positive stool test, only about half of US patients receive colonoscopy within six to twelve months, compared with roughly four-fifths in organized non-US programs. Positive Cologuard results appear to receive better follow-up than positive FIT results in some studies, but the magnitude of that advantage remains uncertain because the available comparisons are observational and frequently involve manufacturer-generated data.

References

Nielson CM, Vollmer WM, Petrik AF, et al. Factors affecting adherence in a pragmatic trial of annual fecal immunochemical testing for colorectal cancer. Journal of General Internal Medicine. 2019;34:978–985. doi:10.1007/s11606-018-4820-0.

Weiser E, Parks PD, Swartz RK, et al. Cross-sectional adherence with the multi-target stool DNA test for colorectal cancer screening: real-world data from a large cohort of older adults. Journal of Medical Screening. 2021;28:18–24. doi:10.1177/0969141320903756.

Le QA, Greene M, Gohil S, et al. Adherence to multi-target stool DNA testing for colorectal cancer screening in the United States. International Journal of Colorectal Disease. 2025;40:16. doi:10.1007/s00384-025-04805-0.

Mohl JT, Ciemins EL, Miller-Wilson LA, et al. Rates of follow-up colonoscopy after a positive stool-based screening test result for colorectal cancer among health care organizations in the US, 2017–2020. JAMA Network Open. 2023;6:e2251384. doi:10.1001/jamanetworkopen.2022.51384.

Finney Rutten LJ, Jacobson DJ, Jenkins GD, et al. Colorectal cancer screening completion: an examination of differences by screening modality. Preventive Medicine Reports. 2020;20:101202. doi:10.1016/j.pmedr.2020.101202.

Selby K, Senore C, Wong MCS, et al. Interventions to ensure follow-up of positive fecal immunochemical tests: an international survey of screening programs. Journal of Medical Screening. 2021;28:51–53. doi:10.1177/0969141320904977.

Senore C, Basu P, Anttila A, et al. Performance of colorectal cancer screening in the European Union member states: data from the second European screening report. Gut. 2019;68:1232–1244. doi:10.1136/gutjnl-2018-317293.

Zorzi M, Battagello J, Selby K, et al. Non-compliance with colonoscopy after a positive faecal immunochemical test doubles the risk of dying from colorectal cancer. Gut. 2022;71:561–567. doi:10.1136/gutjnl-2020-322192.

Thursday, July 23, 2026

More CMS Legal Cases: LCD Challenges

 Header: A dissatisfied beneficiary can appeal his denied claim, OR, challenge the offending NCD or LCD as a whole. Let's see what's current on the CMS website.

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AI CORNER

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Medicare beneficiaries may challenge an LCD as unreasonable under 42 C.F.R. Part 426, but the process is obscure and procedurally demanding.

Fifteen recent DAB cases show an active yet largely unsuccessful docket: all were dismissed, eleven for threshold or jurisdictional defects, three after withdrawal, and one after the contractor revised its policy and effectively resolved the dispute. Common failures included unclear standing, failure to identify the precise LCD provision, missing physician documentation, and inadequate scientific evidence.

The cases reveal a mismatch between beneficiary-only standing and the sophisticated evidentiary burden required. NCD challenges remain legally available but appear dormant since 2014.

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The Hidden Docket: Medicare LCD Challenges Are Alive—but Rarely Reach the Merits

Medicare beneficiaries have a little-known statutory right to challenge the validity of a Local Coverage Determination, or LCD. These cases still occur: the Departmental Appeals Board published 12 LCD-related decisions in 2024, six in 2025, and two through June 3, 2026. But they are buried in annual lists containing hundreds of unrelated HHS administrative decisions, and most end before the scientific merits are reached. (HHS.gov)

What is an LCD challenge?

An LCD challenge under 42 C.F.R. Part 426 asks whether a Medicare Administrative Contractor’s coverage policy is itself unreasonable. It is not the same as an ordinary claim appeal arguing that a contractor incorrectly applied an LCD to a particular patient.

The distinction matters:

  • Claim appeal: “My service should have been covered under the existing rules.” This proceeds through redetermination, reconsideration, OMHA, and potentially the Medicare Appeals Council.

  • LCD challenge: “The coverage restriction in the LCD is unreasonable.” This is heard initially by an administrative law judge in the HHS Departmental Appeals Board’s Civil Remedies Division.

Only an “aggrieved party”—generally a Medicare beneficiary who needs or received the service and whose coverage is affected by the LCD—may initiate the challenge. A laboratory, manufacturer, physician society, or other commercial organization cannot ordinarily challenge the LCD in its own name. (eCFR)

The complaint must identify the LCD and exact provision challenged, establish beneficiary standing and timeliness, include relevant treating-physician documentation, explain why the policy is unreasonable, and provide supporting clinical or scientific evidence. The ALJ ordinarily gives the complainant one opportunity to correct an unacceptable filing. Failure to cure the deficiencies produces dismissal and generally a six-month bar on refiling. (eCFR)

How to find the cases

There is no polished “LCD challenge database.” The practical route is:

  1. Open the HHS Departmental Appeals Board’s Administrative Law Judge Decisions page.

  2. Select a year.

  3. Search the page for “LCD Complaint.”

  4. Search separately among DAB Board decisions for appeals using “LCD Complaint,” the LCD number, the CR decision number, or “Part 426.”

General DAB ALJ decisions page:

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/index.html

2026 decisions:

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2026/index.html

2025 decisions:

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2025/index.html

2024 decisions:

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2024/index.html

DAB Board decisions, including appeals from LCD rulings:

https://www.hhs.gov/about/agencies/dab/decisions/board-decisions/index.html

An appeal from an LCD ALJ decision goes to the DAB Appellate Division, not to the Medicare Appeals Council. The Appeals Council reviews ordinary Medicare claim appeals; the DAB Board reviews Part 426 LCD proceedings. (HHS.gov)

Fifteen Recent LCD Challenges

The following are 15 representative published decisions from February 2024 through June 2026.

1. Gastrointestinal Pathogen Multiplex Panels

Case: In re LCD Complaint: Gastrointestinal Pathogen (GIP) Panels Utilizing Multiplex Nucleic Acid Amplification Techniques (NAATs) (L38229)
Docket: C-26-432
Decision: DAB CR6894
Date: May 13, 2026

Novitas had denied CPT 87507. The beneficiary’s underlying argument was that the LCD had been incorrectly applied to his individual claim, rather than that the LCD provision itself was unreasonable. The ALJ found no jurisdiction over that question and also concluded that the amended complaint lacked the required scientific and clinical support for an LCD challenge. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2026/alj-cr6894/index.html

2. Vitamin D Assay Testing

Case: In re CMS LCD Complaint: Vitamin D Assay Testing
Docket: C-26-368
Decision: DAB CR6909
Date: June 3, 2026

The filing did not adequately establish the complainant’s aggrieved-party status, timeliness, the exact LCD and provision challenged, or the clinical and scientific basis for alleging unreasonableness. The complainant did not respond to the ALJ’s order permitting an amended complaint, and the matter was dismissed. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2026/alj-cr6909/index.html

3. Immune Globulin for Autoimmune Encephalopathy

Case: In re LCD Complaint: Immune Globulins (L34771)
Docket: C-24-215
Decision: DAB CR6782
Date: October 17, 2025

A beneficiary with Hashimoto’s encephalopathy challenged restrictions affecting IVIG coverage. During the proceeding, WPS revised its billing article to add diagnostic codes permitting coverage for autoimmune encephalitis and encephalopathy when documentation requirements were met. The case was formally dismissed, but the contractor’s revision appears to have supplied the practical coverage relief being sought. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2025/alj-cr6782/index.html

4. Magnesium Testing

Case: In re LCD Complaint: Magnesium (L39400)
Docket: C-25-746
Decision: DAB CR6746
Date: August 11, 2025

The original complaint did not satisfy Part 426’s acceptability requirements. The complainant was offered an opportunity to amend but did not submit a corrected complaint by the deadline, requiring dismissal. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2025/alj-cr6746/index.html

5. Routine Foot Care and Mycotic Nail Debridement

Case: In re LCD Complaint: Routine Foot Care (L35138) and Debridement of Mycotic Nails (L35013)
Docket: C-25-299
Decision: DAB CR6639
Date: March 13, 2025

The beneficiary sought to reduce the required interval between covered nail-debridement services from nine weeks to six weeks. Although she supplied a podiatrist’s statement, she did not provide qualifying scientific or clinical evidence explaining why the LCD’s interval was unreasonable; a private insurer’s policy was insufficient. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2025/alj-cr6639/index.html

6. Cataract Surgery and Postoperative Toric Lenses

Case: In re LCD Complaint: Cataract Surgery in Adults (L34203)
Docket: C-24-769
Decision: DAB CR6608
Date: January 22, 2025

The complaint concerned payment for toric contact lenses reportedly needed following cataract surgery. The filing lacked several required elements and supporting evidence, and no amended complaint was submitted after the ALJ identified the deficiencies. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2025/alj-cr6608/index.html

7. B-Type Natriuretic Peptide Testing

Case: In re LCD Complaint: B-Type Natriuretic Peptide (BNP) (L33573)
Docket: C-25-91
Decision: DAB CR6606
Date: January 16, 2025

The beneficiary adequately demonstrated standing and timeliness, but the complaint did not clearly identify the challenged LCD provision, articulate why it was unreasonable, or supply supporting clinical evidence. No amended complaint followed, and the matter was dismissed. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2025/alj-cr6606/index.html

8. Cologuard Screening

Case: In re LCD Complaint: Cologuard Screening
Docket: C-25-20
Decision: DAB CR6583
Date: December 5, 2024

A nurse practitioner argued that Cologuard was medically necessary for a particular patient. The ALJ explained that beneficiary-specific medical necessity ordinarily belongs in the claim-appeal system; an LCD challenge instead requires identification of an unreasonable policy provision, appropriate authorization, proof of timeliness, physician documentation, and supporting scientific evidence. None was supplied in an acceptable amended complaint. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2024/alj-cr6583/index.html

9. Hyaluronic Acid Injections for Knee Osteoarthritis

Case: In re LCD Complaint: Hyaluronic Acid Injections for Knee Osteoarthritis
Docket: C-25-44
Decision: DAB CR6580
Date: December 3, 2024

After the ALJ found the initial complaint unacceptable and allowed amendment, the complainant withdrew the challenge. Part 426 required dismissal; a dismissal following withdrawal generally cannot be appealed and prevents refiling for six months. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2024/alj-cr6580/index.html

10. Trigger-Point Injections

Case: In re LCD Complaint: Trigger Point Injections (L34211)
Docket: C-24-458
Decision: DAB CR6512
Date: July 25, 2024

The beneficiary corrected certain physician-signature and timeliness defects but still did not identify the precise LCD provision alleged to be unreasonable or provide scientific evidence explaining why it should be invalidated. The amended filing therefore remained unacceptable. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2024/alj-cr6512/index.html

11. Surgical Treatment of Nails

Case: In re LCD Complaint: Surgical Treatment of Nails (L34887)
Docket: C-24-427
Decision: DAB CR6491
Date: June 17, 2024

The filing expressed concerns about nail-avulsion procedures but did not identify a qualifying aggrieved Medicare beneficiary, demonstrate timeliness, or satisfy the substantive complaint requirements. No acceptable amended complaint was presented. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2024/alj-cr6491/index.html

12. Pressure-Reducing Support Surfaces

Case: In re LCD Complaint: Pressure Reducing Support Surfaces—Group 1 (L33830)
Docket: C-24-371
Decision: DAB CR6463
Date: April 18, 2024

The challenge concerned coverage of a pressure-reducing support surface. The beneficiary’s representative subsequently asked that the proceeding be closed, which the ALJ treated as a withdrawal and dismissed under Part 426. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2024/alj-cr6463/index.html

13. Vitamin D Assay Testing

Case: In re LCD Complaint: Vitamin D Assay Testing (L36692)
Docket: C-24-135
Decision: DAB CR6441
Date: March 13, 2024

The complaint concerned magnesium and vitamin D testing but lacked an adequate treating-physician statement, identification of the exact LCD provisions, an explanation of their alleged unreasonableness, and supporting clinical evidence. The beneficiary did not submit a corrected complaint. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2024/alj-cr6441/index.html

14. CT of the Head

Case: In re LCD Complaint: CT of the Head (L34417)
Docket: C-24-204
Decision: DAB CR6438
Date: February 29, 2024

The filing did not adequately identify the LCD provision challenged, establish aggrieved-party status, or provide supporting medical and scientific evidence. The ALJ also questioned whether the beneficiary was actually seeking review of an individual claim denial rather than challenging the validity of the LCD itself. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2024/alj-cr6438/index.html

15. Therapeutic Shoes for Persons with Diabetes

Case: In re LCD Complaint: Therapeutic Shoes for Persons with Diabetes (L33369)
Docket: C-24-199
Decision: DAB CR6435
Date: February 26, 2024

The initial complaint was incomplete. Before the deadline for correction, the complainant voluntarily withdrew it, resulting in dismissal and the regulatory six-month restriction on refiling the same complaint. (HHS.gov)

https://www.hhs.gov/about/agencies/dab/decisions/alj-decisions/2024/alj-cr6435/index.html


Sidebar: The Strange, Nearly Moribund World of NCD Challenges

National Coverage Determination challenges remain authorized under Part 426, but they follow a different route. An acceptable NCD complaint goes directly to the DAB Appellate Division, rather than first being heard by a Civil Remedies Division ALJ. (eCFR)

HHS maintains a dedicated page entitled “Acceptable National Coverage Determination Complaints.” It is less a modern docket than a static historical list:

https://www.hhs.gov/about/agencies/dab/different-appeals-at-dab/appeals-to-board/national-coverage-determination-complaints/acceptable-national-coverage-determination-complaints/index.html

The most recent accepted complaint publicly listed is a vagus-nerve-stimulation proceeding from 2014. The page also includes the celebrated 2013–2014 challenge to the national noncoverage policy for transsexual surgery, which resulted in DAB No. 2576. No accepted complaint dated after 2014 appears on the public list. (HHS.gov)

Thus, NCD review is legally alive but publicly close to moribund. The page does not prove that nobody has attempted a complaint since 2014; it shows that HHS has not publicly listed a newer complaint as acceptable. The likely explanation is structural: standing is confined to affected beneficiaries, the evidentiary burden is substantial, and CMS can reconsider, withdraw, or revise an NCD while a challenge is pending. Those features make an NCD reconsideration request or conventional claim litigation more manageable for sophisticated stakeholders, although that conclusion is an inference from the regulatory design rather than an announced CMS policy. (HHS.gov)

What the Recent LCD Cases Teach

The first conclusion is stark: none of these 15 cases produced a decision holding an LCD either reasonable or unreasonable on the scientific merits. All 15 were formally dismissed.

The dispositions break down as follows:

  • 11 of 15 were dismissed at the acceptability or jurisdictional stage.

  • 3 of 15 were voluntarily withdrawn.

  • 1 of 15, the immune-globulin case, was dismissed after the contractor revised its policy in a way that appears to have resolved the coverage problem.

  • 0 of 15 generated a completed evidentiary review of the LCD record and a merits ruling.

The recurring procedural defects were remarkably consistent: failure to identify the exact LCD provision, inadequate evidence of beneficiary standing or timeliness, absence of a treating-physician statement, and—most importantly—failure to provide scientific evidence accompanied by an explanation of why the contractor’s policy was unreasonable.

Several complainants also misunderstood the nature of the remedy. They wanted an adjudicator to decide that a service was medically necessary for one patient or that the contractor had applied the LCD incorrectly. Those are ordinary claim-appeal questions. A Part 426 case requires an attack on the validity of the policy itself, supported by evidence addressing the policy’s clinical logic.

This produces an awkward imbalance. The only parties with standing are individual beneficiaries, but the task resembles sophisticated health-policy litigation: the complainant must identify the operative language, understand the evidentiary record, marshal relevant literature, and explain why the contractor’s synthesis is unreasonable. Manufacturers and medical societies may assist, but they cannot simply substitute themselves as the complainant.

The immune-globulin case is therefore especially instructive. A formal dismissal can disguise a substantive success. Once WPS revised the associated article and permitted payment under additional diagnostic codes, there was no longer a live coverage restriction requiring adjudication. Under Part 426, a contractor revision that removes the challenged provision can carry essentially the same practical consequence for the beneficiary’s claim as a favorable invalidity decision. (eCFR)

The docket is consequently neither hidden nor dead. It is poorly indexed, procedurally unforgiving, and dominated by unsuccessful pro se complaints. The scarcity of merits decisions should not be mistaken for proof that LCDs are universally defensible. It more often shows that very few complainants survive the gateway requirements necessary to place the contractor’s scientific record genuinely at issue.