---
kind: "section"
citation: "42 C.F.R. § 407.10"
title: "42"
number: "407.10"
heading: "Eligibility to enroll."
url: "https://uscodex.org/cfr/42/407.10"
---

# §407.10. Eligibility to enroll.

- (a) **Basic rule.** Except as specified in [paragraph (b)](#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](/cfr/42/406.10..406.15.md) 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.**

## Notes

### Authority

Authority: 42 U.S.C. 1302, 1395p, 1395q, and 1395hh.

### Source

Source: 53 FR 47204, Nov. 22, 1988, unless otherwise noted.