[Code of Federal Regulations]

[Title 42, Volume 2]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR406.10]



[Page 249]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 406_HOSPITAL INSURANCE ELIGIBILITY AND ENTITLEMENT--Table of Contents

 

          Subpart B_Hospital Insurance Without Monthly Premiums

 

Sec. 406.10  Individual age 65 or over who is entitled to social security 

or railroad retirement benefits, or who is eligible for social security 

benefits.





    (a) Requirements. An individual is entitled to hospital insurance 

benefits under section 226 of the Act if he or she has attained aged 65 

and is:

    (1) Entitled to monthly social security benefits under section 202 

of the Social Security Act;

    (2) A qualified railroad retirement beneficiary who has been 

certified as such to the Social Security Administration by the Railroad 

Retirement Board in accordance with section 7(d) of the Railroad 

Retirement Act of 1974; or

    (3) Effective January 1, 1981, eligible for monthly social security 

benefits under section 202 of the Act and has filed an application for 

hospital insurance.

    (b) Beginning and end of entitlement. (1) Entitlement begins with 

the first day of the first month in which the individual meets the 

requirements of paragraph (a) of this section.

    (2) Entitlement continues until the individual dies or no longer 

meets the requirements of paragraph (a) of this section. An individual 

is not entitled to railroad retirement benefits and is neither entitled 

to, nor eligible for, monthly social security benefits in the month in 

which he or she dies. However, an individual who meets all other 

requirements for hospital insurance entitlement is entitled to hospital 

insurance in the month in which he or she dies if he or she--

    (i) Would have been entitled to monthly railroad retirement benefits 

or social security benefits in that month if he or she had not died; or

    (ii) Has filed an application for hospital insurance and would have 

been eligible for monthly social security benefits in that month if he 

or she had not died.