---
kind: "section"
citation: "42 C.F.R. § 405.952"
title: "42"
number: "405.952"
heading: "Withdrawal or dismissal of a request for a redetermination."
url: "https://uscodex.org/cfr/42/405.952"
---

# §405.952. Withdrawal or dismissal of a request for a redetermination.

- (a) **Withdrawing a request.** A party that files a request for redetermination may withdraw its request by filing a written and signed request for withdrawal. The request for withdrawal must contain a clear statement that the appellant is withdrawing the request for a redetermination and does not intend to proceed further with the appeal. The request must be received in the contractor's mailroom before a redetermination is issued. The appeal will proceed with respect to any other parties that have filed a timely request for redetermination.
- (b) **Dismissing a request.** A contractor dismisses a redetermination request, either entirely or as to any stated issue, under any of the following circumstances:
  - (1) When the person or entity requesting a redetermination is not a proper party under [§ 405.906(b)](/cfr/42/405.906.md?p=b) or does not otherwise have a right to a redetermination under section 1869(a) of the Act;
  - (2) When the contractor determines the party failed to make out a valid request for redetermination that substantially complies with [§ 405.944](/cfr/42/405.944.md);
  - (3) When the party fails to file the redetermination request within the proper filing time frame in accordance with [§ 405.942](/cfr/42/405.942.md);
  - (4) When a beneficiary or the beneficiary's representative files a request for redetermination, but the beneficiary dies while the request is pending, and all of the following criteria apply:
    - (i) **The beneficiary's surviving spouse or estate has no remaining financial interest in the case.** In deciding this issue, the contractor considers if the surviving spouse or estate remains liable for the services for which payment was denied or a Medicare contractor held the beneficiary liable for subsequent similar services under the limitation on liability provisions based on the denial of payment for services at issue;
    - (ii) No other individual or entity with a financial interest in the case wishes to pursue the appeal; and
    - (iii) No other party filed a valid and timely redetermination request under §§ [405.942](/cfr/42/405.942.md) and [405.944](/cfr/42/405.944.md);
  - (5) When a party filing the redetermination request submits a timely written request for withdrawal with the contractor; or
  - (6) When the contractor has not issued an initial determination on the claim or the matter for which a redetermination is sought.
- (c) **Notice of dismissal.** A contractor mails or otherwise transmits a written notice of the dismissal of the redetermination request to the parties at their last known addresses. The notice states that there is a right to request that the contractor vacate the dismissal action.
- (d) **Vacating a dismissal.** If good and sufficient cause is established, a contractor may vacate its dismissal of a request for redetermination within 180 calendar days from the date of the notice of dismissal.
- (e) **Effect of dismissal.** The dismissal of a request for redetermination is binding unless it is modified or reversed by a QIC under [§ 405.974(b)](/cfr/42/405.974.md?p=b) or vacated under [paragraph (d)](#d) of this section.

## Notes

### Amendments

[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65333, Dec. 9, 2009; 84 FR 19870, May 7, 2019]

### Source

Source: 70 FR 11472, Mar. 8, 2005, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 263a, 405(a), 1302, 1320b-12, 1395x, 1395y(a), 1395ff, 1395hh, 1395kk, 1395rr, and 1395ww(k).

### Amendments

[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65333, Dec. 9, 2009; 84 FR 19870, May 7, 2019]