---
kind: "section"
citation: "42 C.F.R. § 422.53"
title: "42"
number: "422.53"
heading: "Eligibility to elect an MA plan for senior housing facility residents."
url: "https://uscodex.org/cfr/42/422.53"
---

# §422.53. Eligibility to elect an MA plan for senior housing facility residents.

- (a) **Basic eligibility requirements.** To be eligible to elect an MA senior housing facility plan, the individual must meet both of the following:
  - (1) Be a resident of an MA senior housing facility defined in [§ 422.2](/cfr/42/422.2.md).
  - (2) Be eligible to elect an MA plan under [§ 422.50](/cfr/42/422.50.md).
- (b) **Restricting enrollment.** An MA senior housing facility plan must restrict enrollment to only those individuals who reside in a continuing care retirement community as defined at [§ 422.133(b)(2)](/cfr/42/422.133.md?p=b-2).
- (c) **Establishing eligibility for enrollment.** An MA senior housing facility plan must verify the eligibility of each individual enrolling in its plan using a CMS approved process.

## Notes

### Amendments

[76 FR 21561, Apr. 15, 2011]

### Source

Source: 63 FR 35071, June 26, 1998, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1306, 1395w-21 through 1395w-28, and 1395hh.

### Source

Source: 63 FR 18134, Apr. 14, 1998, unless otherwise noted.

### Amendments

[76 FR 21561, Apr. 15, 2011]