Department of Health and Human Services DEPARTMENTAL APPEALS BOARD Civil Remedies Division |
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IN THE CASE OF | |
SUBJECT: In re CMS LCD Complaint: Colonoscopy |
DATE: August 03, 2005 |
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Docket No. C-05-197 Decision No. CR1331 |
DECISION | |
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 Pursuant to 42 C.F.R. § 426.444(b)(7), I must dismiss any complaint withdrawn by the aggrieved party.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the aggrieved party has withdrawn the complaint, this decision is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. |
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JUDGE | |
Anne E. Blair Administrative Law Judge |
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