[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: 42CFR422.56]

[Page 836-837]
 
                         TITLE 42--PUBLIC HEALTH
 
                             HUMAN SERVICES
 
PART 422--MEDICARE+CHOICE PROGRAM--Table of Contents
 
            Subpart B--Eligibility, Election, and Enrollment
 
Sec. 422.56  Limitations on enrollment in an M+C MSA plan.

    (a) General. An individual is not eligible to elect an M+C MSA plan-
-
    (1) If the number of individuals enrolled in M+C MSA plans has 
reached 390,000;
    (2) Unless the individual provides assurances that are satisfactory 
to CMS that he or she will reside in the United States for at least 183 
days during the year for which the election is effective; or
    (3) On or after January 1, 2003, unless the enrollment is the 
continuation of an enrollment in effect as of that date.
    (b) Individuals eligible for or covered under other health benefits 
program. An individual who is enrolled in a Federal Employee Health 
Benefit plan under 5 U.S.C. chapter 89, or is eligible for health care 
benefits through the Veteran's Administration under 10 U.S.C.

[[Page 837]]

chapter 55 or the Department of Defense under 38 U.S.C. chapter 17, may 
not enroll in an M+C MSA plan.
    (c) Individuals eligible for Medicare cost-sharing under Medicaid 
State plans. An individual who is entitled to coverage of Medicare cost-
sharing under a State plan under title XIX of the Act is not eligible to 
enroll in an M+C MSA plan.
    (d) Other limitations. An individual who receives health benefits 
that cover all or part of the annual deductible under the M+C MSA plan 
may not enroll in an M+C MSA plan. Examples of this type of coverage 
include, but are not limited to, primary health care coverage other than 
Medicare, current coverage under the Medicare hospice benefit, 
supplemental insurance policies not specifically permitted under 
Sec. 422.104, and retirement health benefits.

[63 FR 35071, June 26, 1998; 63 FR 52612, Oct. 1, 1998]