[Code of Federal Regulations]
[Title 42, Volume 3]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR423.46]

[Page 384]
 
                         TITLE 42--PUBLIC HEALTH
 
                             HUMAN SERVICES
 
PART 423_VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT--Table of Contents
 
                  Subpart B_Eligibility and Enrollment.
 
Sec.  423.46  Late enrollment penalty.

    (a) General. A Part D eligible individual must pay the late penalty 
described under Sec.  423.286(d)(3) if there is a continuous period of 
63 days or longer at any time after the end of the individual's initial 
enrollment period during which the individual meets all of the following 
conditions:
    (1) The individual was eligible to enroll in a Part D plan;
    (2) The individual was not covered under any
    creditable prescription drug coverage; and
    (3) The individual was not enrolled in a Part D plan.
    (b) [Reserved]