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Not a Rapid Disenrollment, per CMS. You may have to convince the initial MAPD company of that, though. I have had this exact situation.
To quothe the 2018 CMS Marketing Guidelines in case you have to school the MA:
Rapid disenrollment compensation recovery does not apply when a beneficiary enrolls in a Plan/Part D Sponsor effective October 1, November 1, or December 1, and subsequently uses the Annual Election Period to make changes to their current plan for an effective date of January 1 of the following year. If, however, a beneficiary enrolls for October 1, November 1 or December 1 and disenrolls from the plan during that same enrollment year (unrelated to the AEP), the Plan/Part D Sponsor should recover compensation based on the rapid disenrollment.
Where can I get this from CMS site, I find this all over the place from Ins companies and FMOs and articles But I can't seem to get direct from CMS
UHC is fighting me on this saying its a rapid disenrollment and seems I need to show directly from CMS to combat this
Here ya go; good luck to you.
Medicare Marketing Guidelines - Centers for Medicare & Medicaid Services