42 CFR 406.28 - End of entitlement.

§ 406.28 End of entitlement.

Any of the following actions or events ends entitlement to premium hospital insurance:

(a)Filing of request for termination. The beneficiary may at any time give CMS or the Social Security Administration written notice that he or she no longer wishes to participate in the premium hospital insurance program.

(1) If he or she files the notice before entitlement begins, he or she will be deemed not to have enrolled.

(2) If he or she files the notice after entitlement begins, that entitlement will end at the close of the month following the month in which he or she filed the notice.

(b)Eligibility for hospital insurance without premiums.

(1) If an individual meets the eligibility requirements for hospital insurance specified in § 406.10, § 406.11, § 406.13 or § 406.15, entitlement to premium hospital insurance ends with the month before the month in which he or she meets those requirements.

(2) If an individual meets the requirements of § 406.10, § 406.11, § 406.13, or § 406.15, he or she will be deemed to have filed the required application for hospital insurance benefits in his or her first month of eligibility under that section.

(c)End of entitlement to supplementary medical insurance (SMI) for individual who has attained age 65. In the case of an individual enrolled on the basis of § 406.20(b), entitlement to premium hospital insurance ends on the same date that entitlement to SMI ends.

(d)Nonpayment of premium.

(1) If an individual fails to pay the premium bill, entitlement will end on the last day of the third month after the billing month.

(2) CMS may reinstate entitlement if the individual shows good cause for failure to pay on time, and pays all overdue premiums within 3 calendar months after the date specified in paragraph (d)(1) of this section.

(e)Death. Entitlement ends with the day of death. (A premium is due for the month of death.)

(f)End of disabling impairment for individual under age 65. In the case of an individual enrolled on the basis of § 406.20(c), entitlement to premium hospital insurance ends on the last day of the month after the month in which the individual is notified that he or she no longer has a disabling impairment.

[ 48 FR 12536, Mar. 25, 1983. Redesignated at 51 FR 41338, Nov. 14, 1986, as amended at 53 FR 47204, Nov. 22, 1988. Redesignated and amended at 56 FR 38080, Aug. 12, 1991]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

§ 402 - Old-age and survivors insurance benefit payments

§ 426 - Entitlement to hospital insurance benefits

§ 426-1

§ 426a - Transitional provision on eligibility of uninsured individuals for hospital insurance benefits

§ 1302 - Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals

§ 1395i - Federal Hospital Insurance Trust Fund

§ 1395i-1

§ 1395i-1a

§ 1395i-2

§ 1395i-2a

§ 1395i-3 - Requirements for, and assuring quality of care in, skilled nursing facilities

§ 1395i-3a

§ 1395i-4

§ 1395i-5

§ 1395j - Establishment of supplementary medical insurance program for aged and disabled

§ 1395k - Scope of benefits; definitions

§ 1395l - Payment of benefits

§ 1395m - Special payment rules for particular items and services

§ 1395n - Procedure for payment of claims of providers of services

§ 1395o - Eligible individuals

§ 1395p - Enrollment periods

§ 1395q - Coverage period

§ 1395r - Amount of premiums for individuals enrolled under this part

§ 1395s - Payment of premiums

§ 1395t - Federal Supplementary Medical Insurance Trust Fund

§ 1395t-1

§ 1395u - Provisions relating to the administration of part B

§ 1395v - Agreements with States

§ 1395w - Appropriations to cover Government contributions and contingency reserve

§ 1395w-1

§ 1395w-2

§ 1395w-3

§ 1395w-3a

§ 1395w-3b

§ 1395w-4 - Payment for physicians’ services

§ 1395w-5

§ 1395w-21

§ 1395w-22

§ 1395w-23

§ 1395w-24

§ 1395w-25

§ 1395w-26

§ 1395w-27

§ 1395w-27a

§ 1395w-28

§ 1395w-29

§ 1395w-101

§ 1395w-102

§ 1395w-103

§ 1395w-104 - Beneficiary protections for qualified prescription drug coverage

§ 1395w-111

§ 1395w-112

§ 1395w-113

§ 1395w-114

§ 1395w-114a

§ 1395w-115

§ 1395w-116

§ 1395w-131

§ 1395w-132

§ 1395w-133

§ 1395w-134

§ 1395w-141

§ 1395w-151

§ 1395w-152

§ 1395w-153

§ 1395w-154

§ 1395x - Definitions

§ 1395y - Exclusions from coverage and medicare as secondary payer

§ 1395z - Consultation with State agencies and other organizations to develop conditions of participation for providers of services

§ 1395hh - Regulations

Title 42 published on 07-Sep-2018 03:21

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 42 CFR Part 406 after this date.

  • 2015-02-13; vol. 80 # 30 - Friday, February 13, 2015
    1. 80 FR 7975 - Announcement of Ruling: Implementing United States v. Windsor for Purposes of Entitlement and Enrollment in Medicare Hospital Insurance and Supplementary Medical Insurance
      GPO FDSys XML | Text
      DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Medicare & Medicaid Services
      Notice of CMS ruling.
      The CMS ruling announced in this document is applicable beginning February 9, 2015, with respect to appeals pending on, initiated, or reopened in accordance with applicable rules after February 9, 2015, for entitlement and enrollment determinations made on or after June 26, 2013. This ruling does not apply to appeals of entitlement and enrollment determinations made before June 26, 2013.
      42 CFR Parts 406, 407, and 408