---
kind: "section"
citation: "42 C.F.R. § 406.28"
title: "42"
number: "406.28"
heading: "End of entitlement."
url: "https://uscodex.org/cfr/42/406.28"
---

# §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](/cfr/42/406.10.md), [§ 406.11](/cfr/42/406.11.md), [§ 406.13](/cfr/42/406.13.md) or [§ 406.15](/cfr/42/406.15.md), 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](/cfr/42/406.10.md), [§ 406.11](/cfr/42/406.11.md), [§ 406.13](/cfr/42/406.13.md), or [§ 406.15](/cfr/42/406.15.md), 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)](/cfr/42/406.20.md?p=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)](#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)](/cfr/42/406.20.md?p=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.

## Notes

### Amendments

[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]

### Authority

Authority: 42 U.S.C. 1302, 1395i-2, 1395i-2a, 1395p, 1395q and 1395hh.

### Source

Source: 48 FR 12536, Mar. 25, 1983, unless otherwise noted. Redesignated at 51 FR 41338, Nov. 14, 1986.

### Amendments

[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]