Department of Health and Human Services
DEPARTMENTAL APPEALS BOARD
Civil Remedies Division
In re LCD Complaint:
Assays for Vitamins and Metabolic Function (L34914)
Docket No. C-19-344
Decision No. CR5254
DECISION DISMISSING COMPLAINT
The Aggrieved Party submitted an LCD complaint dated January 2, 2019, which the Civil Remedies Division docketed as C-19-344; and assigned to me for review.
On January 24, 2019, I issued an Acknowledgment of Receipt. In the Acknowledgment, I advised, inter alia, that the Aggrieved Party’s complaint was not complete pursuant to the applicable regulations, and I gave the Aggrieved Party an additional opportunity to file an acceptable complaint by February 25, 2019. 42 C.F.R. § 426.410(c)(1).
On February 7, 2019, the Aggrieved Party filed a withdrawal of his LCD complaint. The regulations require that I issue a decision dismissing an LCD complaint when an aggrieved party files a withdrawal of the complaint before I have issued a decision regarding that LCD. 42 C.F.R. § 426.423(c)(1). Accordingly, I dismiss the complaint. 42 C.F.R. § 426.444(a)(7). The Aggrieved Party may not file another complaint to the same coverage determination for six months. 42 C.F.R. § 426.423(c)(1).
/s/
Carolyn Cozad Hughes Administrative Law Judge