[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: 42CFR407.14]



[Page 264]

 

                         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. 407.14  Initial enrollment period.



    (a) Duration. (1) The initial enrollment period is the 7-month 

period that begins 3 months before the month an individual first meets 

the eligibility requirements of Sec. 407.10 and ends 3 months after 

that first month of eligibility.

    (2) In determining the initial enrollment period of an individual 

who is age 65 or over and eligible for enrollment solely because of 

entitlement to hospital insurance, the individual is considered as first 

meeting the eligibility requirements for SMI n the first day he or she 

becomes entitled to hospital insurance or would have been entitled if he 

or she filed an application for that program.

    (b) Deemed initial enrollment period. (1) SSA or CMS will establish 

a deemed initial enrollment period for an individual who fails to enroll 

during the initial enrollment period because of a belief, based on 

erroneous documentary evidence, that he or she had not yet attained age 

65. The period will be established as though the individual had attained 

age 65 on the date indicated by the incorrect information.

    (2) A deemed initial enrollment period established under paragraph 

(b)(1) of this section is used to determine the individual's premium and 

right to enroll in a general enrollment period if that is advantageous 

to the individual.