---
kind: "section"
citation: "42 C.F.R. § 426.523"
title: "42"
number: "426.523"
heading: "Withdrawing a complaint regarding an NCD under review."
url: "https://uscodex.org/cfr/42/426.523"
---

# §426.523. Withdrawing a complaint regarding an NCD under review.

- (a) **Circumstance under which an aggrieved party withdraws a complaint regarding an NCD.** An aggrieved party who filed a complaint regarding an NCD may withdraw the complaint before the Board issues a decision regarding that NCD. 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 NCD.** To withdraw a complaint regarding an NCD, the aggrieved party who filed the complaint must send a written withdrawal notice to the Board (see [§ 426.500](/cfr/42/426.500.md)) and CMS. Supplementing an acceptable complaint with new evidence does not constitute a withdrawal of a complaint, as described in [§ 426.503](/cfr/42/426.503.md).
- (c) **Actions the Board must take upon receiving a notice announcing the intent to withdraw a complaint regarding an NCD—**
  - (1) **NCD reviews involving one aggrieved party.** If the Board receives a withdrawal notice regarding an NCD before the date the Board issued a decision regarding that NCD, the Board issues a decision dismissing the complaint under [§ 426.544](/cfr/42/426.544.md) and informs the aggrieved party that he or she may not file another complaint to the same coverage determination for 6 months.
  - (2) **NCD reviews involving joint complaints.** If the Board receives a notice from an aggrieved party who is named in a joint complaint withdrawing a complaint regarding an NCD before the date the Board issued a decision regarding that NCD, the Board issues a decision dismissing only that aggrieved party from the complaint under [§ 426.544](/cfr/42/426.544.md). The Board continues the NCD review if there is one or more aggrieved party who does not withdraw from the joint complaint.
  - (3) **Consolidated NCD reviews.** If the Board receives a notice from an aggrieved party who is part of a consolidated NCD review withdrawing a complaint regarding an NCD before the date the Board issued a decision regarding that NCD, the Board removes that aggrieved party from the consolidated NCD review and issues a decision dismissing that aggrieved party's complaint under [§ 426.544](/cfr/42/426.544.md). The Board continues the NCD review if there is one or more aggrieved party 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.