---
kind: "section"
citation: "42 C.F.R. § 426.423"
title: "42"
number: "426.423"
heading: "Withdrawing a complaint regarding an LCD under review."
url: "https://uscodex.org/cfr/42/426.423"
---

# §426.423. Withdrawing a complaint regarding an LCD under review.

- (a) **Circumstance under which an aggrieved party may withdraw a complaint regarding an LCD.** An aggrieved party who filed a complaint regarding an LCD may withdraw the complaint before the ALJ issues a decision regarding that LCD. The aggrieved party may not file another complaint concerning the same coverage determination for 6 months.
- (b) **Process for an aggrieved party withdrawing a complaint regarding an LCD.** To withdraw a complaint regarding an LCD, the aggrieved party who filed the complaint must send a written withdrawal notice to the ALJ (see [§ 426.400](/cfr/42/426.400.md)), CMS (if applicable), and the applicable contractor. Supplementing an acceptable complaint with new evidence does not constitute a withdrawal of a complaint, as described in [§ 426.403](/cfr/42/426.403.md).
- (c) **Actions the ALJ must take upon receiving a notice announcing the intent to withdraw a complaint regarding an LCD—**
  - (1) **LCD reviews involving one aggrieved party.** If the ALJ receives a withdrawal notice regarding an LCD before the date the ALJ issued a decision regarding that LCD, the ALJ issues a decision dismissing the complaint under [§ 426.444](/cfr/42/426.444.md) and informs the aggrieved party that he or she may not file another complaint to the same coverage determination for 6 months.
  - (2) **LCD reviews involving joint complaints.** If the ALJ receives a notice from an aggrieved party who is named in a joint complaint withdrawing a complaint regarding an LCD before the date the ALJ issued a decision regarding that LCD, the ALJ issues a decision dismissing only that aggrieved party from the complaint under [§ 426.444](/cfr/42/426.444.md). The ALJ continues the LCD review if there is one or more aggrieved party who does not withdraw from the joint complaint.
  - (3) **Consolidated LCD reviews.** If the ALJ receives a notice from an aggrieved party who is part of a consolidated LCD review withdrawing a complaint regarding an LCD before the date the ALJ issued a decision regarding that LCD, the ALJ removes that aggrieved party from the consolidated LCD review and issues a decision dismissing that aggrieved party's complaint under [§ 426.444](/cfr/42/426.444.md). The ALJ continues the LCD review if there are one or more aggrieved parties who does not withdraw from the joint complaint.

## Notes

### Authority

Authority: Secs. 1102 and 1871 of the Social Security Act (42 U.S.C. 1302 and 1395hh)

### Source

Source: 68 FR 63716, Nov. 7, 2003, unless otherwise noted.