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If one of the election periods for which the individual is eligible is the ICEP, the individual may not choose an effective date any earlier than the month of entitlement to Medicare Part A and Part B. If one of the election periods for which the individual is eligible is the Part D IEP, the individual may not choose an effective date any earlier than the month of entitlement to Medicare Part A and/or enrollment in Part B.

Examples: • An individual is entitled to Medicare Part A and Part B in February. Their ICEP is the seven-month period from November through May. If the plan receives an enrollment request from that individual during the AEP (October 15–December 7), the individual may not choose a January 1 effective date. The individual must be given a February 1 effective date for the ICEP because January 1 is earlier than the month of entitlement to Medicare Part A and Part B. • If an individual’s IEP for Part D starts in November (i.e., they will be entitled to Medicare Part A and Part B in February) and a PDP sponsor receives an enrollment request from that individual during the AEP, then the individual may not choose a January 1 effective date (for the AEP) and must instead be given a February 1 effective date (for the IEP for Part D) because January 1 is earlier than the month of entitlement to Medicare Part A and/or enrollment in Part B.

If an individual is eligible for more than one election period and does not choose which election period to use, and the plan is unable to contact the individual, the plan must assign an election period using the following ranking of election periods. The election period with the highest rank generally determines the effective date of enrollment. If an individual is simultaneously eligible for more than one SEP and they do not make a choice, and the plan is unable to obtain the individual’s desired enrollment effective date, the plan should assign the SEP that results in an effective date of the first of the month after the enrollment request is received by the plan.

Ranking of Election Periods: (1 = Highest, 5 = Lowest) 1. ICEP/Part D IEP 2. MA OEP 3. SEP 4. AEP 5. OEPI

30.8 – Effective Date of Coverage for Voluntary Disenrollments 42 CFR §§ 422.68 and 423.40

Similar to enrollments, with the exception of some SEPs or when election periods overlap, individuals may not select their effective date of disenrollment. Instead, plans are responsible for assigning the appropriate effective date based on the election period that is consistent with the controlling regulation(s).

It is possible for an individual to make a disenrollment request when more than one election period applies. If an MAO or Part D sponsor receives a disenrollment request when more than