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                              In re LCD Complaint: Assays for Vitamins and Metabolic Function (L34914), DAB CR5254 (2019)
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In re LCD Complaint: Assays for Vitamins and Metabolic Function (L34914), DAB CR5254 (2019)








  
  
    

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





In re LCD Complaint:
	Assays for Vitamins and Metabolic Function (L34914)
Docket No. C-19-344Decision No. CR5254February 25, 2019

        
              
    

      DECISION DISMISSING COMPLAINT
The Aggrieved Party submitted an LCD complaint dated January 2, 2019, which the Civil Remedies Division docketed as C-19-344; and assigned to me for review.
On January 24, 2019, I issued an Acknowledgment of Receipt.  In the Acknowledgment, I advised, inter alia, that the Aggrieved Party’s complaint was not complete pursuant to the applicable regulations, and I gave the Aggrieved Party an additional opportunity to file an acceptable complaint by February 25, 2019.  42 C.F.R. § 426.410(c)(1).
On February 7, 2019, the Aggrieved Party filed a withdrawal of his LCD complaint.  The regulations require that I issue a decision dismissing an LCD complaint when an aggrieved party files a withdrawal of the complaint before I have issued a decision regarding that LCD.  42 C.F.R. § 426.423(c)(1).  Accordingly, I dismiss the complaint.  42 C.F.R. § 426.444(a)(7).  The Aggrieved Party may not file another complaint to the same coverage determination for six months.  42 C.F.R. § 426.423(c)(1).
  
          /s/
        Carolyn Cozad Hughes

                      Administrative Law Judge Back to top
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