---
kind: "section"
citation: "20 C.F.R. § 418.3101"
title: "20"
number: "418.3101"
heading: "How do you become eligible for a subsidy?"
url: "https://uscodex.org/cfr/20/418.3101"
---

# §418.3101. How do you become eligible for a subsidy?


Unless you are deemed eligible as explained in [§ 418.3105](/cfr/20/418.3105.md) and [42 CFR 423.773(c)](/cfr/42/423.773.md?p=c), you are eligible for a Medicare Part D prescription drug subsidy if you meet all of the following requirements:

- (a) You are entitled to or enrolled in Medicare Part A (Hospital Insurance) or enrolled in Medicare Part B (Supplementary Medical Insurance) or both under title XVIII of the Act.
- (b) You are enrolled in a Medicare prescription drug plan or Medicare Advantage plan with prescription drug coverage. We can also determine your eligibility for a subsidy before you enroll in one of the above programs. However, as explained in [§ 418.3225(b)](/cfr/20/418.3225.md?p=b), if we determine that you would be eligible for a subsidy before you have enrolled in a Medicare prescription drug plan or Medicare Advantage plan with prescription drug coverage, you must enroll in one of these plans to actually receive a subsidy.
- (c) You reside in the United States as defined in [§ 418.3010](/cfr/20/418.3010.md).
- (d) You (and your spouse, if applicable) meet the income requirements as explained in [§§ 418.3301 through 418.3350](/cfr/20/418.3301..418.3350.md) and [42 CFR 423.773](/cfr/42/423.773.md).
- (e) You (and your spouse, if applicable) meet the resources requirements as explained in [§§ 418.3401 through 418.3425](/cfr/20/418.3401..418.3425.md) and [42 CFR 423.773](/cfr/42/423.773.md).
- (f) You or your personal representative file an application for a subsidy as explained in [§§ 418.3201 through 418.3230](/cfr/20/418.3201..418.3230.md).

## Notes

### Authority

Authority: Secs. 702(a)(5) and 1860D-1, 1860D-14 and -15 of the Social Security Act (42 U.S.C. 902(a)(5),1395w-101, 1395w-114, and -115).

### Source

Source: 70 FR 77675, Dec. 30, 2005, unless otherwise noted.