42 C.F.R. § 407.32

Prejudice to enrollment rights because of Federal Government misrepresentation, inaction, or error

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If an individual's enrollment or nonenrollment in SMI is unintentional, inadvertent, or erroneous because of the error, misrepresentation, on inaction of a Federal employee or any person authorized by the Federal Government to act in its behalf, the Social Security Administration or CMS may take whatever action it determines is necessary to provide appropriate relief. The action may include:

(a) Designation of a special initial or general enrollment period;

(b) Designation of an entitlement period based on that enrollment period;

(d) Any combination of actions under paragraphs (a) through (c) of this section; or

(e) Any other remedial action that may be necessary to correct or eliminate the effects of the error, misrepresentation, or inaction.

Notes of Decisions

Cited in 1 case, 1998–1998 · leading case: John J. MCGOWAN, Plaintiff-Appellant, v. Donna E. SHALALA, Sec'y of Health & Human Servs., Defendant-Appellee, 135 F.3d 531 (7th Cir. 1998).

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John J. MCGOWAN, Plaintiff-Appellant, v. Donna E. SHALALA, Sec'y of Health & Human Servs., Defendant-Appellee, 135 F.3d 531 (7th Cir. 1998). “Under this statute and the corresponding regulation, 42 C.F.R. § 407.32 , McGowan must establish first that his nonenrollment was “unintentional, inadvertent, or erroneous” and second that the problem is attributable to an “error, misrepresentation, or inaction” of a federal…”

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