[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: 42CFR422.66] [Page 982-984] 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. 422.66 Coordination of enrollment and disenrollment through MA organizations. (a) Enrollment. An individual who wishes to elect an MA plan offered by an MA organization may make or change his or her election during the election periods specified in Sec. 422.62 by filing the appropriate election form with the organization or through other mechanisms as determined by CMS. (b) Disenrollment--(1) Basic rule. An individual who wishes to disenroll from an MA plan may change his or her election during the election periods specified in Sec. 422.62 in either of the following manners: (i) Elect a different MA plan by filing the appropriate election with the MA organization. (ii) Submit a request for disenrollment to the MA organization in the form and manner prescribed by CMS or file the appropriate disenrollment request through other mechanisms as determined by CMS. (2) When a disenrollment request is considered to have been made. A disenrollment request is considered to have been made on the date the disenrollment request is received by the MA organization. (3) Responsibilities of the MA organization. The MA organization must-- (i) Submit a disenrollment notice to CMS within timeframes specified by CMS; (ii) Provide enrollee with notice of disenrollment in a format specified by CMS; and (iii) In the case of a plan where lock-in applies, include in the notice a statement explaining that he or she-- (A) Remains enrolled until the effective date of disenrollment; and [[Page 983]] (B) Until that date, neither the MA organization nor CMS pays for services not provided or arranged for by the MA plan in which the enrollee is enrolled; and (iv) File and retain disenrollment requests for the period specified in CMS instructions. (4) Effect of failure to submit disenrollment notice to CMS promptly. If the MA organization fails to submit the correct and complete notice required in paragraph (b)(3)(i) of this section, the MA organization must reimburse CMS for any capitation payments received after the month in which payment would have ceased if the requirement had been met timely. (5) Retroactive disenrollment. CMS may grant retroactive disenrollment in the following cases: (i) There never was a legally valid enrollment. (ii) A valid request for disenrollment was properly made but not processed or acted upon. (c) Election by default: Initial coverage election period. An individual who fails to make an election during the initial coverage election period is deemed to have elected original Medicare. (d) Conversion of enrollment (seamless continuation of coverage)-- (1) Basic rule. An MA plan offered by an MA organization must accept any individual (regardless of whether the individual has end-stage renal disease) who is enrolled in a health plan offered by the MA organization during the month immediately preceding the month in which he or she is entitled to both Part A and Part B, and who meets the eligibility requirements at Sec. 422.50. (2) Reserved vacancies. Subject to CMS's approval, an MA organization may set aside a reasonable number of vacancies in order to accommodate enrollment of conversions. Any set aside vacancies that are not filled within a reasonable time must be made available to other MA eligible individuals. (3) Effective date of conversion. If an individual chooses to remain enrolled with the MA organization as an MA enrollee, the individual's conversion to an MA enrollee is effective the month in which he or she is entitled to both Part A and Part B in accordance with the requirements in paragraph (d)(5) of this section. (4) Prohibition against disenrollment. The MA organization may disenroll an individual who is converting under the provisions of paragraph (a) of this section only under the conditions specified in Sec. 422.74. (5) Election. The individual who is converting must complete an election as described in Sec. 422.60(c)(1) unless otherwise provided in a form and manner approved by CMS. (6) Submittal of information to CMS. The MA organization must transmit the information necessary for CMS to add the individual to its records as specified in Sec. 422.60(e)(6). (e) Maintenance of enrollment. (1) An individual who has made an election under this section is considered to have continued to have made that election until either of the following, which ever occurs first: (i) The individual changes the election under this section. (ii) The elected MA plan is discontinued or no longer serves the area in which the individual resides, as provided under Sec. 422.74(b)(3), or the organization does not offer or the individual does not elect the option of continuing enrollment, as provided under Sec. 422.54. (2) An individual enrolled in an MA plan that becomes an MA-PD plan on January 1, 2006, will be deemed to have elected to enroll in that MA- PD plan. (3) An individual enrolled in an MA plan that, as of December 31, 2005, offers any prescription drug coverage will be deemed to have elected an MA-PD plan offered by the same organization as of January 1, 2006. (4) An individual who has elected an MA plan that does not provide prescription drug coverage will not be deemed to have elected an MA-PD plan and will remain enrolled in the MA plan as provided in paragraph (e)(1) of this section. (5) An individual enrolled in an MA-PD plan as of December 31 of a year is deemed to have elected to remain enrolled in that plan on January 1 of the following year. (f) Exception for employer group health plans. (1) In cases when an MA organization has both a Medicare contract [[Page 984]] and a contract with an employer group health plan, and in which the MA organization arranges for the employer to process election forms for Medicare-entitled group members who wish to disenroll from the Medicare contract, the effective date of the election may be retroactive. Consistent with Sec. 422.308(f)(2), payment adjustments based on a retroactive effective date may be made for up to a 90-day period. (2) Upon receipt of the election from the employer, the MA organization must submit a disenrollment notice to CMS within timeframes specified by CMS. [63 FR 35071, June 26, 1998; 63 FR 52612, Oct. 1, 1998, as amended at 65 FR 40317, June 29, 2000; 70 FR 4718, Jan. 28, 2005; 70 FR 52026, Sept. 1, 2005]