---
kind: "section"
citation: "42 C.F.R. § 405.972"
title: "42"
number: "405.972"
heading: "Withdrawal or dismissal of a request for reconsideration or review of a contractor's dismissal of a request for redetermination."
url: "https://uscodex.org/cfr/42/405.972"
---

# §405.972. Withdrawal or dismissal of a request for reconsideration or review of a contractor's dismissal of a request for redetermination.

- (a) **Withdrawing a request.** An appellant that files a request for reconsideration may withdraw its request by filing a written and signed request for withdrawal. The request for withdrawal must—
  - (1) Contain a clear statement that the appellant is withdrawing the request for reconsideration and does not intend to proceed further with the appeal.
  - (2) **Be received in the QIC's mailroom before the reconsideration is issued.**
- (b) **Dismissing a request.** A QIC dismisses a reconsideration request, either entirely or as to any stated issue, under any of the following circumstances:
  - (1) When the person or entity requesting reconsideration 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 reconsideration under section 1869(b) of the Act;
  - (2) When the QIC determines that the party failed to make out a valid request for reconsideration that substantially complies with § [405.964(a)](/cfr/42/405.964.md?p=a) and [(b)](/cfr/42/405.964.md?p=b);
  - (3) When the party fails to file the reconsideration request in accordance with the timeframes established in [§ 405.962](/cfr/42/405.962.md), or fails to file the request for review of a contractor's dismissal of a redetermination request in accordance with the timeframes established in [§ 405.974(b)(1)](/cfr/42/405.974.md?p=b-1);
  - (4) When a beneficiary or the beneficiary's representative files a request for reconsideration, 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 QIC 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 to the redetermination filed a valid and timely request for reconsideration under §§ [405.962](/cfr/42/405.962.md) and [405.964](/cfr/42/405.964.md).
  - (5) When a party filing for the reconsideration submits a written request of withdrawal to the QIC and satisfies the criteria set forth in [paragraph (a)](#a) of this section before the reconsideration has been issued; or
  - (6) When the contractor has not issued a redetermination on the initial determination for which a reconsideration is sought.
- (c) **Notice of dismissal.** A QIC mails or otherwise transmits written notice of the dismissal of the reconsideration 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. The appeal will proceed with respect to any other parties that have filed a timely request for reconsideration.
- (d) **Vacating a dismissal.** If good and sufficient cause is established, a QIC may vacate its dismissal of a request for reconsideration within 180 calendar days of the date of the notice of dismissal.
- (e) **Effect of dismissal.** The dismissal of a request for reconsideration is binding unless it is modified or reversed by an ALJ or attorney adjudicator under [§ 405.1004](/cfr/42/405.1004.md) or vacated under [paragraph (d)](#d) of this section. The dismissal of a request for review of a contractor's dismissal of a redetermination request is binding and not subject to further review unless vacated under [paragraph (d)](#d) of this section.

## Notes

### Amendments

[70 FR 11472, Mar. 8, 2005, as amended at 74 FR 65334, Dec. 9, 2009; 82 FR 5107, Jan. 17, 2017; 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 65334, Dec. 9, 2009; 82 FR 5107, Jan. 17, 2017; 84 FR 19870, May 7, 2019]