[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: 42CFR407.32]



[Page 267-268]

 

                         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. 407.32  Prejudice to enrollment rights because of Federal Government 

misrepresentation, inaction, or error.



    If an individual's enrollment or nonenrollment in SMI is 

unintentional, inadvertent, or erroneous because of the error, 

misrepresentation, on inaction of a Federal employee or any person 

authorized by the Federal Government to act in its behalf, the Social 

Security



[[Page 268]]



Administration or CMS may take whatever action it determines is 

necessary to provide appropriate relief. The action may include:

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

    (b) Designation of an entitlement period based on that enrollment 

period;

    (c) Adjustment of premiums;

    (d) Any combination of actions under paragraphs (a) through (c) of 

this section; or

    (e) Any other remedial action that may be necessary to correct or 

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