---
kind: "section"
citation: "42 C.F.R. § 407.17"
title: "42"
number: "407.17"
heading: "Automatic enrollment."
url: "https://uscodex.org/cfr/42/407.17"
---

# §407.17. Automatic enrollment.

- (a) **Who is automatically enrolled.** An individual is automatically enrolled for SMI if he or she:
  - (1) Resides in the United States, except in Puerto Rico;
  - (2) Becomes entitled to hospital insurance under any of the provisions set forth in [§§ 406.10 through 406.15](/cfr/42/406.10..406.15.md) of this chapter; and
  - (3) **Does not decline SMI enrollment.**
- (b) **Opportunity to decline automatic enrollment.**
  - (1) SSA will notify an individual that he or she is automatically enrolled under [paragraph (a)](#a) of this section and grant the individual a specified period (at least 2 months after the month the notice is mailed) to decline enrollment.
  - (2) The individual may decline enrollment by submitting to SSA or CMS a signed statement that he or she does not wish SMI.
  - (3) The statement must be submitted before entitlement begins, or if later, within the time limits set in the notice of enrollment.

## Notes

### Authority

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

### Source

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