---
kind: "section"
citation: "42 C.F.R. § 417.461"
title: "42"
number: "417.461"
heading: "Disenrollment by the enrollee."
url: "https://uscodex.org/cfr/42/417.461"
---

# §417.461. Disenrollment by the enrollee.

- (a) **Request for disenrollment.**
  - (1) A Medicare enrollee who wishes to disenroll may at any time give the HMO or CMP a signed, dated request in the form and manner prescribed by CMS.
  - (2) The enrollee may request a certain disenrollment date but it may be no earlier than the first day of the month following the month in which the HMO or CMP receives the request.
- (b) **Responsibilities of the HMO or CMP.** The HMO or CMP must—
  - (1) Submit a disenrollment notice to CMS promptly;
  - (2) Provide the enrollee with a copy of the request for disenrollment; and
  - (3) In the case of a risk HMO or CMP, also provide the enrollee with a statement explaining that he or she—
    - (i) Remains enrolled until the effective date of disenrollment; and
    - (ii) Until that date, is subject to the restrictions of [§ 417.448(a)](/cfr/42/417.448.md?p=a) under which neither the HMO or CMP nor CMS pays for services not provided or arranged for by the HMO or CMP.
- (c) **Effect of failure to submit disenrollment notice to CMS promptly.** If the HMO or CMP fails to submit timely the correct and complete notice required in [paragraph (b)(1)](#b-1) of this section, the HMO or CMP must reimburse CMS for any capitation payments received after the month in which payments would have ceased if the requirement had been met timely.

## Notes

### Amendments

[60 FR 45679, 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 45679, Sept. 1, 1995]