Department of Health and Human Services
DEPARTMENTAL APPEALS BOARD
Civil Remedies Division
In the Case of:
In re LCD Complaint:
Therapeutic Shoes for Persons with Diabetes
(LCD No. L33369)
Docket No. C-24-199
Decision No. CR6435
DECISION DISMISSING COMPLAINT
The Civil Remedies Division (CRD) of the Departmental Appeals Board received correspondence mailed on January 12, 2024, from Joseph W. Porter, Jr., (Aggrieved Party). The matter was docketed as C-24-199 and assigned to me for adjudication.
On February 9, 2024, I issued an Acknowledgment of Receipt and Order to Aggrieved Party to Amend Unacceptable Complaint (Acknowledgment Order). In the Acknowledgment Order, I advised the Aggrieved Party that his complaint was not complete pursuant to the applicable regulations, and I gave the Aggrieved Party an additional opportunity to file an acceptable complaint by March 11, 2024. 42 C.F.R. § 426.410(c)(1).
On February 17, 2024, the Aggrieved Party submitted, via email, written notice indicating his intent to withdraw his LCD complaint. On February 20, 2024, that email was uploaded to DAB E-File. 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(b)(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).
It is so ordered.
/s/
Jacinta L. Alves Administrative Law Judge