[Code of Federal Regulations] [Title 42, Volume 2] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 42CFR422.50] [Page 835] TITLE 42--PUBLIC HEALTH HUMAN SERVICES PART 422--MEDICARE+CHOICE PROGRAM--Table of Contents Subpart B--Eligibility, Election, and Enrollment Sec. 422.50 Eligibility to elect an M+C plan. Source: 63 FR 35071, June 26, 1998, unless otherwise noted. (a) An individual is eligible to elect an M+C plan if he or she-- (1) Is entitled to Medicare under Part A and enrolled in Part B (except that an individual entitled only to Part B and who was enrolled in an HMO or CMP with a risk contract under part 417 of this chapter on December 31, 1998 may continue to be enrolled in the M+C organization as an M+C plan enrollee); (2) Has not been medically determined to have end-stage renal disease, except that an individual who develops end-stage renal disease while enrolled in an M+C plan or in a health plan offered by the M+C organization is eligible to elect an M+C plan offered by that organization; (3) Meets either of the following residency requirements: (i) Resides in the service area of the M+C plan. (ii) Resides outside of the service area of the M+C plan and is enrolled in a health plan offered by the M+C organization during the month immediately preceding the month in which the individual is entitled to both Medicare Part A and Part B, provided that an M+C organization chooses to offer this option and that CMS determines that all applicable M+C access requirements of Sec. 422.112 are met for that individual through the M+C plan's established provider network. The M+C organization must furnish the same benefits to these enrollees as to enrollees who reside in the service area; (4) Has been a member of an Employer Group Health Plan (EGHP) that includes the elected M+C plan, even if the individual lives outside of the M+C plan service area, provided that an M+C organization chooses to offer this option and that CMS determines that all applicable M+C access requirements at Sec. 422.12 are met for that individual through the M+C plan's established provider network. The M+C organization must furnish the same benefits to all enrollees, regardless of whether they reside in the service area; (5) Completes and signs an election form and gives information required for enrollment; and (6) Agrees to abide by the rules of the M+C organization after they are disclosed to him or her in connection with the election process. (b) An M+C eligible individual may not be enrolled in more than one M+C plan at any given time. [63 FR 35071, June 26, 1998; 63 FR 52611, Oct. 1, 1998, as amended at 65 FR 40316, June 29, 2000]