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effect for two months after the effective date of the termination should the individual wish to subsequently elect an MA plan (for a prospective, not retroactive, effective date).

Part D Policy: If an individual does not enroll in another PDP before the termination effective date, they will be disenrolled on the effective date of the termination. However, the SEP will still be in effect for two months after the effective date of the termination should the individual wish to subsequently elect an MA plan (for a prospective, not retroactive, effective date).

NOTE: A contract termination may occur midmonth if CMS terminates an MA plan or Part D plan contract immediately (see 42 CFR §§ 422.510(b)(2) and 423.509(b)(2)).

Individuals affected by MA or Part D plan consolidations are not eligible for this SEP because plan consolidations are not terminations nor non-renewals.

Individuals affected by CMS terminations of contract may select an effective date of up to three months after the month of termination.

Example: CMS terminates a Part D sponsor contract effective June 30; the SEP lasts from June 1 through August 31. In this scenario, an individual could choose an effective date of July 1, August 1, or September 1; however, the effective date may not be earlier than the date the new Part D sponsor receives the enrollment request.

30.6.11 – SEP for individuals who are enrolled in a cost contract that is non-renewing for the area in which the enrollee resides 42 CFR §§ 422.62(b)(6) and 423.38(c)(13)

This SEP allows individuals to enroll in an MA or Part D plan if they are currently enrolled in a Medicare cost plan (see § 10) that is not renewing its contract for the area in which the enrollee resides.

This SEP begins December 8 of the current contract year and ends on the last day of February of the following year.

30.6.12 – SEP for individuals in the Program of All-inclusive Care for the Elderly (PACE) 42 CFR §§ 422.62(b)(7) and 423.38(c)(14)

This SEP allows individuals who are in the Program for All-inclusive Care for the Elderly (PACE) (see § 10) to disenroll from a PACE organization and enroll in an MA plan or Part D plan. This SEP also allows individuals who are enrolled in an MA plan and/or a Part D plan to disenroll from their plan(s) and enroll in a PACE organization.

The SEP for an individual who disenrolls from PACE to enroll in an MA or Part D plan begins on the effective date of the individual’s PACE disenrollment. The SEP ends two calendar months after the effective date of the PACE disenrollment.