[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: 42CFR407.10]



[Page 263]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 407_SUPPLEMENTARY MEDICAL INSURANCE (SMI) ENROLLMENT AND ENTITLEMENT

--Table of Contents

 

         Subpart B_Individual Enrollment and Entitlement for SMI

 

Sec. 407.10  Eligibility to enroll.





    (a) Basic rule. Except as specified in paragraph (b) of this 

section, an individual is eligible to enroll for SMI if he or she--

    (1) Is entitled to hospital insurance under any of the rules set 

forth in Sec. Sec. 406.10 through 406.15 of this chapter; or

    (2) Meets the following requirements:

    (i) Has attained age 65. (An individual is considered to have 

attained age 65 on the day before the 65th anniversary of his or her 

birth.)

    (ii) Is a resident of the United States.

    (iii) Is a citizen of the United States, or an alien lawfully 

admitted for permanent residence who has resided continuously in the 

United States during the 5 years preceding the month in which he or she 

applies for enrollment.

    (b) Exception. An individual is not eligible to enroll for SMI if he 

or she has been convicted of--

    (1) Spying, sabotage, treason, or subversive activities under 

chapter 37, 105, or 115 of title 18 of the United States Code; or

    (2) Conspiracy to establish dictatorship under section 4 of the 

Internal Security Act of 1950.