CMS Pub. 100-16, ch. mc86c17d, § 30.1.4

Reserved vacancies are those set aside for members of anticipated new group contracts or

for anticipated new members of an existing group contract when these group enrollment

periods are held after the cost plan open enrollment period.

If open enrollment(s) for one or more of the organization’s group contracts is scheduled

after the organization’s cost plan open enrollment period, the plan should set aside a

reasonable number of slots or vacancies for anticipated new members from these groups.

These reserved vacancies should also be used to determine the enrollment availability

for Medicare beneficiaries as described in §20.1.

Because these reserved vacancies limit the available spaces for Medicare members, CMS

must approve the organization’s use and number of reserved vacancies. Therefore,

reserved vacancies are included in the calculations outlined in §30.1.5 and on the

worksheet shown in Exhibit 12. Reserved vacancies not used within a reasonable time

after the group contract enrollment period has begun must be released and made available

to Medicare beneficiaries.