[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: 42CFR422.56]



[Page 978-979]

 

                         TITLE 42--PUBLIC HEALTH

 

                    CHAPTER IV--CENTERS FOR MEDICARE

                          & MEDICAID SERVICES,

                        DEPARTMENT OF HEALTH AND

                             HUMAN SERVICES

 

PART 422_MEDICARE ADVANTAGE PROGRAM--Table of Contents

 

             Subpart B_Eligibility, Election, and Enrollment

 

Sec. 422.56  Enrollment in an MA MSA plan.



    (a) General. An individual is not eligible to elect an MA MSA plan 

unless the individual provides assurances that are satisfactory to CMS 

that he or she will reside in the United States for at least 183 days 

during the year for which the election is effective.

    (b) Individuals eligible for or covered under other health benefits 

program. Unless otherwise provided by the Secretary, an individual who 

is enrolled in a Federal Employee Health Benefit plan under 5 U.S.C. 

chapter 89, or is eligible for health care benefits through the 

Veteran's Administration under 10 U.S.C. chapter 55 or the Department of 

Defense under 38 U.S.C. chapter 17, may not enroll in an MA MSA plan.

    (c) Individuals eligible for Medicare cost-sharing under Medicaid 

State plans. An individual who is entitled to coverage of Medicare cost-

sharing under a State plan under title XIX of the Act is not eligible to 

enroll in an MA MSA plan.

    (d) Other limitations. An individual who receives health benefits 

that cover all or part of the annual deductible under the MA MSA plan 

may not enroll in an MA MSA plan. Examples of this type of coverage 

include, but are not limited to, primary health care coverage other than 

Medicare, current coverage under the Medicare hospice benefit, 

supplemental insurance policies not specifically permitted under



[[Page 979]]



Sec. 422.104, and retirement health benefits.



[63 FR 35071, June 26, 1998; 63 FR 52612, Oct. 1, 1998, as amended at 70 

FR 4716, Jan. 28, 2005]