unenrolled fee-for-service individual
(2) Open enrollment and disenrollment opportunities Subject to paragraph (5)— (A) Continuous open enrollment and disenrollment through 2005 At any time during the period beginning January 1, 1998 , and ending on December 31, 2005 , a Medicare+Choice eligible individual may change the election under subsection (a)(1). (B) Continuous open enrollment and disenrollment for first 6 months during 2006 (i) In general Subject to clause (ii), subparagraph (C)(iii), and subparagraph (D), at any time during the first 6 months of 2006, or, if the individual first becomes a Medicare+Choice eligible individual during 2006, during the first 6 months during 2006 in which the individual is a Medicare+Choice eligible individual, a Medicare+Choice eligible individual may change the election under subsection (a)(1). (ii) Limitation of one change An individual may exercise the right under clause (i) only once. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under the first sentence of paragraph (4). (C) Annual 45-day period from 2011 through 2018 for disenrollment from MA plans to elect to receive benefits under the original Medicare fee-for-service program Subject to subparagraph (D), at any time during the first 45 days of a year (beginning with 2011 and ending with 2018), an individual who is enrolled in a Medicare Advantage plan may change the election under subsection (a)(1), but only with respect to coverage under the original medicare fee-for-service program under parts A and B, and may elect qualified prescription drug coverage in accordance with section 1395w–101 of this title . (D) Continuous open enrollment for institutionalized individuals At any time after 2005 in the case of a Medicare+Choice eligible individual who is institutionalized (as defined by the Secretary), the individual may elect under subsection (a)(1)— (i) to enroll in a Medicare+Choice plan; or (ii) to change the Medicare+Choice plan in which the individual is enrolled. (E) Limited continuous open enrollment of original fee-for-service enrollees in medicare advantage non-prescription drug plans (i) In general On any date during the period beginning on January 1, 2007 , and ending on July 31, 2007 , on which a Medicare Advantage eligible individual is an unenrolled fee-for-service individual (as defined in clause (ii)), the individual may elect under subsection (a)(1) to enroll in a Medicare Advantage plan that is not an MA–PD plan. (ii) Unenrolled fee-for-service individual defined In this subparagraph, the term “unenrolled fee-for-service individual” means, with respect to a date, a Medicare Advantage eligible individual who— (I) is receiving benefits under this subchapter through enrollment in the original medicare fee-for-service program under parts A and B; (II) is not enrolled in an MA plan on such date; and (III) as of such date is not otherwise eligible to elect to enroll in an MA plan. (iii) Limitation of one change during the applicable period An individual may exercise the right under clause (i) only once during the period described in such clause. (iv) No effect on coverage under a prescription drug plan Nothing in this subparagraph shall be construed as permitting an individual exercising the right under clause (i)— (I) who is enrolled in a prescription drug plan under part D, to disenroll from such plan or to enroll in a different prescription drug plan; or (II) who is not enrolled in a prescription drug plan, to enroll in such a plan. (F) Special period for certain deemed elections (i) In general At any time during the period beginning after the last day of the annual, coordinated election period under paragraph (3) in which an individual is deemed to have elected to enroll in an MA plan or MA–PD plan under subsection (c)(4) and ending on the last day of February of the first plan year for which the individual is enrolled in such plan, such individual may change the election under subsection (a)(1) (including changing the MA plan or MA–PD plan in which the individual is enrolled). (ii) Limitation of one change An individual may exercise the right under clause (i) only once during the applicable period described in such clause. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under paragraph (4). (G) Continuous open enrollment and disenrollment for first 3 months in 2016 and subsequent years (i) In general Subject to clause (ii) and subparagraph (D)— (I) in the case of an MA eligible individual who is enrolled in an MA plan, at any time during the first 3 months of a year (beginning with 2019); or (II) in the case of an individual who first becomes an MA eligible individual during a year (beginning with 2019) and enrolls in an MA plan, during the first 3 months during such year in which the individual is an MA eligible individual; such MA eligible individual may change the election under subsection (a)(1). (ii) Limitation of one change during open enrollment period each year An individual may change the election pursuant to clause (i) only once during the applicable 3-month period described in such clause in each year. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special enrollment period under paragraph (4). (iii) Limited application to part D Clauses (i) and (ii) of this subparagraph shall only apply with respect to changes in enrollment in a prescription drug plan under part D in the case of an individual who, previous to such change in enrollment, is enrolled in a Medicare Advantage plan. (iv) Limitations on marketing Pursuant to subsection (j), no unsolicited marketing or marketing materials may be sent to an individual described in clause (i) during the continuous open enrollment and disenrollment period established for the individual under such clause, notwithstanding marketing guidelines established by the Centers for Medicare & Medicaid Services.