In Re LCD Complaint: Hyaluronic Acid Injections for Knee Osteoarthritis, CR6580 (2024)

DECISION
DISMISSING LOCAL COVERAGE DETERMINATION COMPLAINT

I. Procedural History and Facts

The Aggrieved Party filed a local coverage determination (LCD) complaint by letter dated October 4, 2024.  On October 28, 2024, I informed the Aggrieved Party that the compliant was unacceptable.  I informed the Aggrieved Party that an amended complaint could be filed no later than November 27, 2024.  On November 27, 2024, the Aggrieved Party requested to withdraw the LCD complaint.  No decision has been issued in this case. 

II. Analysis

Pursuant to 42 C.F.R. § 426.423, an aggrieved party may submit a written request to withdraw an LCD compliant before I issue a decision.  42 C.F.R. § 426.423(a), (b).  If a written withdrawal is filed, I am required to issue a decision dismissing the complaint under 42 C.F.R. § 426.444(b)(7).  I am also required to inform the aggrieved party that he or she may not file another compliant regarding the same LCD for six months from the date of this dismissal decision.  42 C.F.R. § 426.423(c)(1).  I have no authority to deny a request to withdraw a complaint.  42 C.F.R. § 426.405(d)(10).   

III. Conclusion

Accordingly, the complaint is dismissed based on the aggrieved party’s withdrawal of the complaint. 

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IV. Appeal Rights

The Aggrieved Party is notified pursuant to 42 C.F.R. § 426.450(b)(6) that, pursuant to 42 C.F.R. § 426.465(d)(2), there is no right to appeal this decision to the Departmental Appeals Board.