Based on the recently released final rule document, CMS has extended the length of SEPs that are based on Federal, State or Local Emergency/Disaster Declarations. Whereas previously the guidance allowed the SEP to last the entire incident period plus2 months after the end date of the incident period (per 42 CFR 406.27 and 42CFR 407.23), the SEP is now available until 6 months after the end of the incident period. This update applies to all declarations that were made after January 1, 2023.
Important:
Visit Special Enrollment Period (SEP) -FEMA / State Declarations to see if there is an active disaster SEP declared in your state. An SEP may be granted to individuals that reside in an affected service area where a Federal, State or Local Government Entity has declared a State of Emergency impacting individuals in a specific geographical area. The declaration allows for a one-time SEP, in the event an individual was unable to make an election during another qualifying election period.
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