C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER B—MEDICARE PROGRAM › PART 407—SUPPLEMENTARY MEDICAL INSURANCE (SMI) ENROLLMENT AND ENTITLEMENT › Subpart B—Individual Enrollment and Entitlement for SMI

42 C.F.R. § 407.10

Eligibility to enroll

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(a) Basic rule. Except as specified in paragraph (b) of this section, an individual is eligible to enroll for SMI if he or she—

(1) Is entitled to hospital insurance under any of the rules set forth in §§ 406.10 through 406.15 of this chapter; or

(2) Meets the following requirements:

(i) Has attained age 65. (An individual is considered to have attained age 65 on the day before the 65th anniversary of his or her birth.)

(ii) Is a resident of the United States.

(iii) Is a citizen of the United States, or an alien lawfully admitted for permanent residence who has resided continuously in the United States during the 5 years preceding the month in which he or she applies for enrollment.

(b) Exception. An individual is not eligible to enroll for SMI if he or she has been convicted of—

(1) Spying, sabotage, treason, or subversive activities under chapter 37, 105, or 115 of title 18 of the United States Code; or

(2) Conspiracy to establish dictatorship under section 4 of the Internal Security Act of 1950.

Notes of Decisions
Cited in 3 cases, 1996–2013 · leading case: City of Gadsden v. Boman, 143 So. 3d 695 (Ala. 2013).
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City of Gadsden v. Boman, 143 So. 3d 695 (Ala. 2013). “42 C.F.R. § 407.10 . “There is no dispute in this case that Boman is a United States resident and citizen, who is age 65 or older.”
Mason v. Bd. of Educ. of Baltimore Cnty., 795 A.2d 211 (Md. Ct. Spec. App. 2002). “2 (e)(4); 42 C.F.R. § 407.10 (a)(2)(i); 42 C.F.R. § 411.”
Stephenson v. Shalala, 87 F.3d 350 (9th Cir. 1996). “See 42 C.F.R. § 407.10 . The program consists mainly of two parts.”
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