§422.74. Disenrollment by the MA organization. — Inbound Citations
42 C.F.R. § 422.74
Statutory Authority
Cited by 16 regulations in release Current.
Citations to 42 U.S.C. § 422.74 as a whole
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(4) The MA organization may disenroll an individual who is converting under the provisions of paragraph (a) of this section only under the conditions specified in § 422.74.
Citations to §422.74(b)
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(8) This is a model communications material through which plans must provide the information required under § 422.74(b).
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(e) The MA organization must permit payments of MA monthly basic and supplemental beneficiary premiums and monthly prescription drug beneficiary premiums on a monthly basis and may not terminate coverage for failure to make timely payments except as provided in § 422.74(b).
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(a) Except as provided in paragraphs (b) through (d) of this section, an MA organization may not—(1) Disenroll an individual from any MA plan it offers; or
Citations to §422.74(b)(1)
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(x) Convey that a failure to pay premium will not result in disenrollment, except for factually accurate descriptions of the MA organization's policies adopted in accordance with § 422.74(b)(1) and (d)(1) of this chapter.
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(c) If the disenrollment is for any of the reasons specified in paragraphs (b)(1), (b)(2)(i), (b)(2)(vi), or (b)(3) of this section (that is, other than death or loss of entitlement to Part A or Part B) the MA organization must give the individual a written notice of the disenrollment with an explanation of why the MA organization is planning to disenroll the individual. Notices for reasons specified in paragraphs (b)(1) through (b)(2)(i) and (b)(2)(vi) of this section must—(1) Be provided to the individual before submission of the disenrollment to CMS; and(2) Include an explanation of the individual's right to submit a grievance under the MA organization's grievance procedures.
Citations to §422.74(b)(1)(i)
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(1) An individual who is disenrolled under paragraph (b)(1)(i) through (iii), (b)(2)(ii) or (b)(2)(vi) of this section is deemed to have elected original Medicare.
Citations to §422.74(b)(1)(ii)
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(1) An individual who is disenrolled under paragraph (b)(1)(i) through (iii), (b)(2)(ii) or (b)(2)(vi) of this section is deemed to have elected original Medicare.
Citations to §422.74(b)(1)(iii)
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(1) An individual who is disenrolled under paragraph (b)(1)(i) through (iii), (b)(2)(ii) or (b)(2)(vi) of this section is deemed to have elected original Medicare.
Citations to §422.74(b)(2)(i)
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(c) If the disenrollment is for any of the reasons specified in paragraphs (b)(1), (b)(2)(i), (b)(2)(vi), or (b)(3) of this section (that is, other than death or loss of entitlement to Part A or Part B) the MA organization must give the individual a written notice of the disenrollment with an explanation of why the MA organization is planning to disenroll the individual. Notices for reasons specified in paragraphs (b)(1) through (b)(2)(i) and (b)(2)(vi) of this section must—(1) Be provided to the individual before submission of the disenrollment to CMS; and(2) Include an explanation of the individual's right to submit a grievance under the MA organization's grievance procedures.
Citations to §422.74(b)(2)(vi)
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(10) If an individual is no longer eligible for an MA MSA plan due to a mid-year change in eligibility, disenrollment is effective the first day of the calendar month following the MA organization's notice to the individual that they are ineligible in accordance with § 422.74(b)(2)(vi) of this section.
Citations to §422.74(b)(3)
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(ii) The elected MA plan is discontinued or no longer serves the area in which the individual resides, as provided under § 422.74(b)(3), or the organization does not offer or the individual does not elect the option of continuing enrollment, as provided under § 422.54.
Citations to §422.74(b)(3)(ii)
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(B) While the MA organization may not affirmatively crosswalk enrollees in the locations that will no longer be part of the service area, the MA organization may offer those affected enrollees in the reduced portion of the service area a continuation in accordance with § 422.74(b)(3)(ii), provided that there are no other MA plan options in the reduced service area.
Citations to §422.74(c)
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(a) Except as provided in paragraphs (b) through (d) of this section, an MA organization may not—(1) Disenroll an individual from any MA plan it offers; or
Citations to §422.74(d)
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(a) Except as provided in paragraphs (b) through (d) of this section, an MA organization may not—(1) Disenroll an individual from any MA plan it offers; or
Citations to §422.74(d)(1)
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(x) Convey that a failure to pay premium will not result in disenrollment, except for factually accurate descriptions of the MA organization's policies adopted in accordance with § 422.74(b)(1) and (d)(1) of this chapter.