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Department of Health and Human Services DEPARTMENTAL APPEALS BOARD Civil Remedies Division |
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| IN THE CASE OF | |
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SUBJECT: In re CMS LCD Complaint: 998-03-0001 LCD Title: Diabetes Mellitus Therapy Using Hepatic Activation or Contractor: National Heritage Insurance Co. Region IX, Western U.S. Consortium |
DATE: September 22, 2004 |
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Docket No.
C-04-133 Decision No. CR1214 |
| DECISION | |
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DECISION DISMISSING JOINT LCD COMPLAINTS Each of the 12 aggrieved parties named in this joint complaint regarding the Local Coverage Determination (LCD) listed in the title of this case has now filed a request to withdraw his or 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 Pursuant to 42 C.F.R. � 426.444(b)(7), I must dismiss any complaint withdrawn by the aggrieved party.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 all aggrieved parties. Pursuant to 42 C.F.R. � 426.423(a), the aggrieved parties may not file another complaint regarding the same LCD during the six-month period following the date of this decision. Because the aggrieved parties have withdrawn the joint complaint, this decision is not subject to appeal. 42 C.F.R. � 426.465(d).
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| JUDGE | |
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KEITH W. SICKENDICK Administrative Law Judge |
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