42 C.F.R. § 417.422 : Public Health — CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES — MEDICARE PROGRAM — HEALTH MAINTENANCE ORGANIZATIONS, COMPETITIVE MEDICAL PLANS, AND HEALTH CARE PREPAYMENT PLANS — ENROLLMENT, ENTITLEMENT, AND DISENROLLMENT UNDER MEDICARE CONTRACT — Eligibility to enroll in an HMO or CMP

Except as specified in §§417.423 and 417.424, an HMO or CMP must enroll, either for an indefinite period or for a specified period of at least 12 months, any individual who meets all of the following:

(a) Is entitled to Medicare benefits under Parts A and B or under Part B only.
(b) Lives within the geographic area served by the HMO or CMP.
(c) Is not enrolled in any other HMO or CMP that has entered into a contract under subpart L of this part.
(d) During an enrollment period of the HMO or CMP, completes the HMO's or CMP's application form or another CMS-approved election mechanism and gives whatever information is required for enrollment.
(e) Agrees to abide by the HMO's or CMP's rules after they are disclosed to him or her in connection with the enrollment process.
(f) Is not denied enrollment by the HMO or CMP under a selection policy, if any, that has been approved by CMS under §417.424(b).
(g) Is not denied enrollment by the HMO or CMP on the basis of any of the administrative criteria concerning denial of enrollment in §417.424(a).
(h) Is a United States citizen or an individual who is lawfully present in the United States as determined in 8 CFR 1.3.

42 C.F.R. §417.422

50 FR 1346, 1/10/1985, as amended at 58 FR 38078, 7/15/1993; 60 FR 45677, 9/1/1995; 77 FR 22166, 4/12/2012; 80 FR 7958, 2/12/2015