[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: 42CFR406.52]



[Page 262]

 

                         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 D_Special Circumstances That Affect Entitlement to Hospital 

                                Insurance

 

Sec. 406.52  Conviction of certain offenses.



    (a) Penalty that affects entitlement. (1) If an individual is 

convicted of any of the crimes listed in Sec. 406.11(c) (1) and (2), 

the court may impose, in addition to all other penalties, a penalty that 

affects entitlement to hospital insurance, beginning with the month of 

conviction.

    (2) The additional penalty is that the individual's income (or the 

income of the insured individual on whose earnings record he or she 

became or seeks to become entitled) for the year of conviction and any 

previous year may not be counted in determining the insured status 

necessary for entitlement to hospital insurance.

    (b) Effect of pardon. If the President of the United States pardons 

the convicted individual, that individual regains (or may again seek) 

entitlement effective with the month following the month in which the 

pardon is granted.



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

Further redesignated at 57 FR 58717, Dec. 11, 1992]