§ 407.47 Beginning of coverage under a State buy-in agreement. ( a ) *General rule.* The beginning of an individual's coverage period depends on two factors: ( 1 ) The individual's meeting the SMI eligibility requirements and the requirements for being a member of the buy-in group; and
( 2 ) The effective date of the buy-in agreement or agreement modification that covers the buy-in group to which the individual belongs, and which may not be earlier than the third month after the month in which the agreement or modification is executed. The State must apply the earliest applicable start date for the applicable buy-in group.
( b ) *Application of general rule: Medicaid eligibles who are, or are treated as, cash assistance beneficiaries.* For Medicaid eligibles who are, or are treated as, cash assistance beneficiaries, coverage begins with the later of the following: ( 1 ) The first month in which the individual— ( i ) Meets the SMI eligibility requirements specified in § 407.10; and
( ii ) Is, or is treated as, a cash assistance beneficiary.
( 2 ) The month in which the buy-in agreement is effective.
( c ) *Application of general rule: Qualified Medicare Beneficiaries.* For individuals who are QMBs as defined under § 435.123 of this chapter, coverage begins with the later of the following: ( 1 ) The first month in which the individual meets the SMI eligibility requirements specified in § 407.10, and has QMB status.
( 2 ) The month in which the buy-in agreement or agreement modification covering QMBs is effective.
( d ) *Application of general rule: Other individuals eligible for Medicaid.* For individuals who are not cash assistance beneficiaries, are not treated as cash assistance beneficiaries, and are not QMBs, coverage begins with the later of the following: ( 1 ) The second month after the month in which the individual— ( i ) Meets the SMI eligibility requirements specified in § 407.10; and
( ii ) Is determined to be eligible for Medicaid.
( 2 ) The month in which the buy-in agreement or agreement modification is effective.
( e ) *Coverage based on erroneous report.* If the State erroneously reports to SSA that an individual is a member of its coverage group, the rules of paragraphs (a) through (d) of this section apply, and coverage begins as though the individual were in fact a member of the group. Coverage will end only as provided in § 407.48.
( f ) *Exception to the general rule: Limitations on retroactive adjustments in the case of retroactive Medicare Part A entitlement.* ( 1 ) In cases in which a Medicaid beneficiary is retroactively entitled to Medicare Part A, beginning with retroactive determinations made on or after January 1, 2024, State liability for retroactive Medicare Part B premiums for Medicaid beneficiaries under a buy-in agreement is limited to a period of no greater than 36 months prior to the date of the Medicare eligibility determination.
( 2 ) The Secretary may grant good cause exceptions for periods of greater or less than 36 months if application of paragraph (f)(1) of the section would result in harm to a beneficiary or if the State cannot benefit from Medicare and further limiting State liability would not result in harm to the beneficiary.
( g ) *Part B enrollment under a buy-in agreement.* Individuals in a buy-in group can enroll in Part B at any time of the year, without regard to Medicare enrollment periods.
[56 FR 38082, Aug. 12, 1991, as amended at 87 FR 66508, Nov. 3, 2022]