Code of Federal Regulations (alpha)

CFR /  Title 42  /  Part 417  /  Sec. 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.

(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 Sec. 417.434; and

(ii) May not disenroll the beneficiary except as provided in Sec. 417.460.

(b) Hospice patients. A Medicare beneficiary who elects hospice care under Sec. 418.24 of this chapter is not eligible to enroll in an HMO or CMP as long as the hospice election remains in effect. [60 FR 45677, Sept. 1, 1995]