42 CFR § 407.10 - Eligibility to enroll.

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§ 407.10 Eligibility to enroll.

(a)Basic rule. Except as specified in paragraph (b) of this section, an individual is eligible to enroll for SMI if he or she -

(1) Is entitled to hospital insurance under any of the rules set forth in §§ 406.10 through 406.15 of this chapter; or

(2) Meets the following requirements:

(i) Has attained age 65. (An individual is considered to have attained age 65 on the day before the 65th anniversary of his or her birth.)

(ii) Is a resident of the United States.

(iii) Is a citizen of the United States, or an alien lawfully admitted for permanent residence who has resided continuously in the United States during the 5 years preceding the month in which he or she applies for enrollment.

(b)Exception. An individual is not eligible to enroll for SMI if he or she has been convicted of -

(1) Spying, sabotage, treason, or subversive activities under chapter 37, 105, or 115 of title 18 of the United States Code; or

(2) Conspiracy to establish dictatorship under section 4 of the Internal Security Act of 1950.