---
kind: "section"
citation: "42 C.F.R. § 417.423"
title: "42"
number: "417.423"
heading: "Special rules: ESRD and hospice patients."
url: "https://uscodex.org/cfr/42/417.423"
---

# §417.423. Special rules: ESRD and hospice patients.

- (a) **ESRD patients.**
  - (1) A Medicare beneficiary who has been medically determined to have end-stage renal disease is not eligible to enroll in an HMO or CMP.
  - (2) However, if a beneficiary is already enrolled in an HMO or CMP when he or she is determined to have end-stage renal disease, the HMO or CMP—
    - (i) Must reenroll the beneficiary as required by [§ 417.434](/cfr/42/417.434.md); and
    - (ii) May not disenroll the beneficiary except as provided in [§ 417.460](/cfr/42/417.460.md).
- (b) **Hospice patients.** A Medicare beneficiary who elects hospice care under [§ 418.24](/cfr/42/418.24.md) of this chapter is not eligible to enroll in an HMO or CMP as long as the hospice election remains in effect.

## Notes

### Amendments

[60 FR 45677, Sept. 1, 1995]

### Source

Source: 50 FR 1346, Jan. 10, 1985, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302 and 1395hh, and 300e, 300e-5, and 300e-9, and 31 U.S.C. 9701.

### Amendments

[60 FR 45677, Sept. 1, 1995]