42 CFR 417.423
§ 417.423 Special rules: ESRD and hospice patients.
United States · 42 CFR — Public Health · Status: effective
Cite this
- Citation
- 42 CFR 417.423, § 417.423 Special rules: ESRD and hospice patients, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/204208
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Full text
(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.
(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 § 417.434; and
(ii) May not disenroll the beneficiary except as provided in § 417.460.
(b) Hospice patients. A Medicare beneficiary who elects hospice care under § 418.24 of this chapter is not eligible to enroll in an HMO or CMP as long as the hospice election remains in effect.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.