[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: 42CFR406.38]



[Page 261]

 

                         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 C_Premium Hospital Insurance

 

Sec. 406.38  Prejudice to enrollment rights because of Federal Government 

error.



    (a) If an individual's enrollment or nonenrollment for premium 

hospital insurance is unintentional, inadvertent, or erroneous because 

of the error, misrepresentation, or inaction of a Federal employee, or 

any person authorized by the Federal Government to act on its behalf, 

the Social Security Administration or CMS may take whatever action it 

determines is necessary to provide appropriate relief.

    (b) The action may include--

    (1) Designation of a special initial or general enrollment period;

    (2) Designation of an entitlement period;

    (3) Adjustment of premiums;

    (4) Any combination of the actions specified in paragraph (b) (1) 

through (3) of this section; or

    (5) Any other remedial action which may be necessary to correct or 

eliminate the effects of such error, misrepresentation, or inaction.



[48 FR 12536, Mar. 25, 1983. Redesignated at 51 FR 41338, Nov. 14, 1986. 

Further redesignated at 56 FR 38080, Aug. 12, 1991]



[[Page 262]]