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one election period applies, the plan must allow the individual to choose which election period to use. If the individual does not make a choice, then the plan must assign the election period that results in the earliest disenrollment.

An MA or Part D plan enrollee may disenroll through the MAO or Part D sponsor or through 1- 800-MEDICARE. If an enrollee elects a new MA or Part D plan while still an enrollee of a different plan, they will automatically be disenrolled from the old plan and enrolled in the new plan by CMS systems with no duplication or delay in coverage.

Part C Policy: If an individual disenrolls through an MAO or 1-800-MEDICARE, the individual will return to Original Medicare unless they elect a new MA plan.

Part D Policy: Individuals enrolled in any MA plan (except for an MA Private Fee-For-Service (PFFS) plan that does not offer a Part D benefit, or a Medicare Medical Savings Account (MSA) will be disenrolled from that MA plan upon successful enrollment in a PDP.

Effective dates for voluntary disenrollments are as follows:

Election Period Effective Date of Disenrollment Do plans have to accept disenrollment requests in this election period? Medicare Advantage Open Enrollment Period (MA OEP) (MA enrollees only) First day of the month after the month the MAO receives the disenrollment request. Yes

Annual Election Period (AEP) (also referred to as the “Fall Open Enrollment Period”) January 1 of the following year. Yes Special Election Period (SEP) Varies, as outlined in § 30.6 Yes Open Enrollment Period for Institutionalized Individuals (OEPI) First day of the month after the month the MAO receives the disenrollment request. Yes

30.9 – Election Periods and Effective Dates for Medicare MSA Plans 42 CFR §§ 422.56 and 422.62(d)

Individuals may enroll in Medicare MSA plans only during the ICEP or the AEP; they may not enroll in Medicare MSA plans during an SEP (see exception below). The effective date of coverage is determined by the election period in which an enrollment request is made. Effective dates are provided in § 30.7 of this chapter.