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45 | P a g e
An individual is eligible for this SEP if they: • Reside, or resided at the start of the SEP eligibility period described below, in an area for which a federal, state, or local government entity has declared an emergency or major disaster, or they do not reside in an affected area but rely on help making healthcare decisions from one or more individuals who reside in an affected area. • They were eligible for another election period at the time of SEP eligibility period; and • Did not make an election during that other valid election period due to the disaster or other emergency.
The SEP starts as of the date the declaration is made, the incident start date or, if different, the start date identified in the declaration, whichever is earlier. The SEP ends two full calendar months following: • the end date identified in the declaration or, if different, • the date the end of the incident is announced, or, if no date is identified or announced, • the date the incident automatically ends under applicable state or local law, or • one year after the SEP start date, or renewal or extension.
The maximum length of this SEP, if the incident end date is not otherwise identified, is 14 full calendar months after the SEP start date, or, if applicable, the date of a renewal or extension of the emergency or disaster declaration.
30.6.26 – SEP for individuals enrolled in a plan placed in receivership 42 CFR §§ 422.62(b)(24) and 423.38(c)(31)
This SEP is for individuals enrolled in a plan offered by an MAO or Part D sponsor that has been placed into receivership by a state or territorial regulatory authority. The SEP begins the month the receivership is effective and continues until it is no longer in effect, or until the enrollee makes an election, whichever occurs first.
NOTE: When instructed by CMS, the MA plan or Part D plan that has been placed under receivership must notify its enrollees, in the form and manner directed by CMS, of the enrollees’ eligibility for this SEP and how to use the SEP.
30.6.27 – SEP for individuals enrolled in a plan identified as a consistent poor performer 42 CFR §§ 422.62(b)(25) and 423.38(c)(32)
This SEP is for individuals enrolled in a plan that has been identified by CMS as a consistent poor performer with the low performing icon, in accordance with the applicable MA and Part D regulations (42 CFR §§ 422.166(h)(1)(ii) and 423.186(h)(1)(ii)). This SEP allows for a one-time election out of the plan with the low performing icon into another plan. This SEP exists while the individual is enrolled in the low performing plan. The SEP ends when the individual makes an election into a new plan.