In re LCD Complaint: Vitamin D Assay Testing (L34051), DAB CR5834 (2021)

DECISION DISMISSING COMPLAINT

In an acknowledgment dated March 10, 2021, the Civil Remedies Division of the Departmental Appeals Board acknowledged that it had received correspondence, dated February 17, 2021, from an aggrieved party.  We treated this submission as a challenge to a local coverage determination (LCD), LCD ID 34051, regarding Vitamin D Assay Testing.

In the March 10 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 aggrieved party an opportunity to file an acceptable complaint and directed her to do so no later than April 9, 2021.

In e-mail correspondence dated March 16, 2021, the aggrieved party requested that her case be closed, as she had erroneously sent her claim denial appeal to the Civil Remedies Division, rather than to the Medicare contractor Noridian Healthcare Solutions.  On March 17, 2021, the Civil Remedies Division received the aggrieved party's email correspondence from CMS counsel and filed it in the electronic case record.

An aggrieved party may withdraw its complaint regarding an LCD challenge upon written withdrawal notice to the administrative law judge and Medicare contractor.  42 C.F.R. § 426.423(b).  Upon receiving a withdrawal notice from an aggrieved party, the administrative law judge "issues a decision dismissing the complaint under § 426.444 and

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informs the aggrieved party that he or she may not file another complaint to the same coverage determination for 6 months."  42 C.F.R. § 426.423(c)(1).

I therefore issue this decision dismissing the aggrieved party's complaint.  42 C.F.R. § 426.444(b)(7).  The aggrieved party may not file another complaint to the same coverage determination for six months from the date of this decision.