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                              In re LCD Complaint: Nuclear Medicine Study (L35083), DAB CR5729 (2020)
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In re LCD Complaint: Nuclear Medicine Study (L35083), DAB CR5729 (2020)








  
  
    

  
      
Department of Health and Human Services 
    DEPARTMENTAL APPEALS BOARD
          Civil Remedies Division





*In re* LCD Complaint:
Nuclear Medicine Study (L35083)
Docket No. C-20-681Decision No. CR5729October 2, 2020

        
              
    

      DECISION DISMISSING COMPLAINT

In an acknowledgment dated August 7, 2020, the Civil Remedies Division of the Departmental Appeals Board acknowledged that it had received correspondence, dated July 21, 2020, from an aggrieved party.  She characterized her appeal as a challenge to a local coverage determination (LCD) and sought Medicare coverage for a nuclear medicine study that, in her physician’s view, she required.

In the August 7 acknowledgment, I explained the requirements for filing a valid complaint challenging an LCD and determined that the aggrieved party’s submission had not met those requirements.  Citing the requirements of 42 C.F.R. § 426.400(c), I offered the beneficiary an opportunity to file an acceptable complaint and directed her to do so no later than September 8, 2020.  She has not responded to my order.

Because the aggrieved party has not, within the timeframe I established, submitted an acceptable amended complaint, I dismiss this action pursuant to 42 C.F.R. § 426.410(c)(2).
  
          /s/
        Carolyn Cozad Hughes

                      Administrative Law Judge Back to top
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