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CASE | DECISION | JUDGE

Department of Health and Human Services
DEPARTMENTAL APPEALS BOARD
Civil Remedies Division
IN THE CASE OF  

SUBJECT:

In re CMS LCD Complaint:

Colonoscopy

DATE: August 03, 2005
                       

 

Docket No. C-05-197
Decision No. CR1331
DECISION
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DECISION DISMISSING LCD COMPLAINT

The aggrieved party named in this complaint regarding the Local Coverage Determination (LCD) listed in the title of this case submitted a letter dated July 6, 2005, which I construe to be a withdrawal of her complaint. Pursuant to 42 C.F.R. § 426.444(b)(7), I must dismiss any complaint withdrawn by the aggrieved party. Section 426.423(c) requires that I issue a decision dismissing the complaint.

Accordingly, this LCD complaint is dismissed as to the aggrieved party. Pursuant to 42 C.F.R. § 426.423(a), the aggrieved party may not file another complaint regarding the same LCD during the six-month period following the date of this decision.

Because the aggrieved party has withdrawn the complaint, this decision is not subject to appeal. 42 C.F.R.
§ 426.465(d).

JUDGE
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Anne E. Blair                                                                               

Administrative Law Judge

CASE | DECISION | JUDGE