---
kind: "section"
citation: "42 C.F.R. § 457.570"
title: "42"
number: "457.570"
heading: "Disenrollment protections."
url: "https://uscodex.org/cfr/42/457.570"
---

# §457.570. Disenrollment protections.

- (a) The State must give enrollees reasonable notice of and an opportunity to pay past due premiums, copayments, coinsurance, deductibles or similar fees prior to disenrollment.
- (b) The disenrollment process must afford the enrollee an opportunity to show that the enrollee's household income has declined prior to disenrollment for non payment of cost-sharing charges, and in the event that such a showing indicates that the enrollee may have become eligible for Medicaid or for a lower level of cost sharing, the State must facilitate enrolling the child in Medicaid or adjust the child's cost-sharing category as appropriate.
- (c) The State must ensure that disenrollment policies, such as policies related to non-payment of premiums, do not present barriers to the timely determination of eligibility and enrollment in coverage of an eligible child in the appropriate insurance affordability program. A State may not—
  - (1) Impose a specified period of time that a CHIP eligible targeted low-income child or targeted low-income pregnant woman who has an unpaid premium or enrollment fee will not be permitted to reenroll for coverage in CHIP.
  - (2) Require the collection of past due premiums or enrollment fees as a condition of eligibility for reenrollment if an individual was terminated for failure to pay premiums.
- (d) The State must provide the enrollee with an opportunity for an impartial review to address disenrollment from the program in accordance with [§ 457.1130(a)(3)](/cfr/42/457.1130.md?p=a-3).

## Notes

### Amendments

[66 FR 2681, Jan. 11, 2001, as amended at 78 FR 42312, July 15, 2013; 89 FR 22876, Apr. 2, 2024]

### Source

Source: 66 FR 2681, Jan. 11, 2001, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 65 FR 33622, May 24, 2000, unless otherwise noted.

### Amendments

[66 FR 2681, Jan. 11, 2001, as amended at 78 FR 42312, July 15, 2013; 89 FR 22876, Apr. 2, 2024]