---
kind: "section"
citation: "42 C.F.R. § 406.5"
title: "42"
number: "406.5"
heading: "Basis of eligibility and entitlement."
url: "https://uscodex.org/cfr/42/406.5"
---

# §406.5. Basis of eligibility and entitlement.

- (a) **Hospital insurance without premiums.** Hospital insurance is available to most individuals without payment of a premium if they:
  - (1) Are age 65 or over, or
  - (2) Have received social security or railroad retirement disability benefits for 25 months; or
  - (3) **Have end-stage renal disease.** Subpart B of this part explains the requirements such individuals must meet to obtain hospital insurance without premiums.
- (b) **Premium hospital insurance.** Many individuals who are age 65 or over, but do not meet the requirements set forth in [subpart B](/cfr/42/subpartB.md) of this part, and certain individuals under age 65, may obtain the benefits by paying a premium. [Section 406.20](/cfr/42/406.20.md) of this part explains the requirements individuals must meet to obtain premium hospital insurance.

## Notes

### Amendments

[48 FR 12536, Mar. 25, 1983, as amended at 50 FR 33033, Aug. 16, 1985; 56 FR 38078, 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, as amended at 50 FR 33033, Aug. 16, 1985; 56 FR 38078, Aug. 12, 1991]