Medicare Blog

can an employer drop health coverage for a spouse who is eligible for medicare

by Hattie Doyle Published 2 years ago Updated 1 year ago

So the answer is yes, you may drop your employer health insurance to go on Medicare (assuming you're at least 65). This page describes how Medicare works if you have health coverage as part of your employment benefits. Please note that the following information also applies if the employer coverage is via your spouse.

Full Answer

Are employers dropping spouses from health insurance plans because of Obamacare?

Q. I have heard that because of Obamacare, employers have been dropping spouses from their plans. Is this true? A. Obamacare (the Affordable Care Act) increased the options employees’ spouses have for obtaining health insurance, and the law does not require employers to offer coverage to spouses.

Can I drop my employer health insurance for Medicare?

Even though you can drop your employer health insurance for Medicare, it may not be your best option. In most cases, older employers do better by keeping their existing company healthcare plans. Consider that keeping your employer insurance plan can mean maintaining the benefits that you and your dependents may need.

Can I remove my Medicare eligible spouse from my employer plan?

There is no legal way to remove just Medicare eligible spouses of active employees from an employer group plan or to have Medicare pay as the primary insurer for those individuals.

What happens to my health insurance when my spouse goes on Medicare?

If your health insurance coverage comes through your spouse’s job, you may lose that coverage when he or she retires and goes on Medicare. Not so long ago, this was a scary and expensive prospect, but things have changed.

What happens if you leave Medicare without a creditable coverage letter?

Without creditable coverage during the time you’ve been Medicare-eligible, you’ll incur late enrollment penalties. When you leave your group health coverage, the insurance carrier will mail you a creditable coverage letter. You’ll need to show this letter to Medicare to protect yourself from late penalties.

What happens if you don't have Part B insurance?

If you don’t, your employer’s group plan can refuse to pay your claims. Your insurance might cover claims even if you don’t have Part B, but we always recommend enrolling in Part B. Your carrier can change that at any time, with no warning, leaving you responsible for outpatient costs.

What is a Health Reimbursement Account?

Beneficiaries who participate can get tax-free reimbursements, including their Part B premium. A Health Reimbursement Account is a well-known Section 105 plan. An HRA reimburses eligible employees for their premiums, as well as other medical costs.

Is Medicare billed first or second?

If your employer has fewer than 20 employees, then Medicare becomes primary. This means Medicare is billed first, and your employer plan will be billed second. If you have small group insurance, it’s HIGHLY recommended that you enroll in both Parts A and B as soon as you’re eligible. If you don’t, your employer’s group plan can refuse ...

Is a $4,000 hospital deductible a creditable plan?

For your outpatient and medication insurance, a plan from an employer with over 20 employees is creditable coverage. This safeguards you from having to pay late enrollment penalties for Part B and Part D, ...

Can employers contribute to Medicare premiums?

Medicare Premiums and Employer Contributions. Per CMS, it’s illegal for employers to contribute to Medica re premiums. The exception is employers who set up a 105 Reimbursement Plan for all employees. The reimbursement plan deducts money from the employees’ salaries to buy individual insurance policies.

What happens if you sign up for Medicare Part A?

If you do sign up for Medicare Part A once your employer medical coverage has ended, you’ll be eligible for a Special Enrollment Period. 3. Medicare Part B Benefits. If you’re still covered by your employer, perhaps you’re asking if you should sign up for Medicare Part B medical insurance.

How long do you have to work to qualify for Medicare?

If you or your spouse have a work history of at least 10 years (40 quarters) while paying taxes for Medicare, you’re qualified for Medicare Part A coverage. You should still get in touch with our employer to make sure if you’re required to enroll for Part A.

What is Medicare Advantage Plan?

Medicare Advantage Plan. Also known as Medicare Part C, Medicare Advantage is another option for getting Medicare Part A and Part B benefits (Original Medicare), with the exception for hospice care, which is covered by Part A. Generally, most Medicare Advantage plans cover prescription drugs.

What is covered by Medicare Part A?

Part A provides coverage for necessary hospital costs, restricted home health care as well as nursing care in a facility under specific situations and hospice care.

How often do you have to pay Medicare?

Keep in mind that you’ll have to make payments to Medicare every three months. As insurance decisions can often be complicated, many people turn to insurance pros when making choices. You don’t have to worry about making the right choice when you let ICUSA do the shopping.

What percentage of people over 65 are still employed?

If so, you’re not alone as nearly 19 percent of age 65 and older Americans are still employed. If you’re like most people your age, you may be wondering if you can drop your employer health insurance for Medicare.

Does Medicare Part B have a monthly premium?

Unlike Part A, Medicare Part B does have a monthly premium. Thus, some employees with employer health insurance plans decide not to enroll in Part B. Consider that if you sign up for the Part B Medicare Initial Enrollment Period, you’ll have to pay a penalty for late enrollment. The only exception is if you have a situation qualifying you ...

How many employees are required to have a small employer health plan?

The statute does exclude group health plans of small employers. Small employers are defined by the statute as having less than twenty (20) employees for each working day in each of twenty or more calendar weeks in the current calendar year or the proceeding calendar year.

Can a group health plan take into account an individual?

The clause states that "a group health plan may not take into account that an individual or spouse who is covered under the plan by virtue of the individual's current employment status with an employer is entitled to [Medicare] benefits.". 42 U.S.C. §1395y (2013).

Can employers offer reduced Medicare?

Therefore, employers are not allowed to offer Medicare-eligible employees reduced coverage while offering comprehensive coverage to other employees. Additionally, the MSP does not allow an employer group plan to take into account that an employee's age entitles him to Medicare benefits.

Does MSP allow Medicare?

The MSP does not allow Medicare payment for services for which it can reasonably be expected that payment will be made under a group health plan. Medicare's designation as the secondary insurer is upheld even if state law or the group health plan states that its benefits are secondary to Medicare.

Does Medicare have to opt out of a group plan?

This prevents group plans from "carving out" expenses covered by Medicare, effectually making the plan's coverage primary to Medicare. However, if those employees who are eligible for Medicare choose to opt out of the employer group health plan, then Medicare will become the primary insurer.

How long do you have to pick a new insurance plan after losing your spouse's insurance?

Losing the coverage you had under your spouse's plan will make you eligible for a time-limited special enrollment period in the individual insurance market, on- or off-exchange (note that in this case, you have 60 days before the loss of coverage, and 60 days after the loss of coverage, during which you can pick a new plan).

How long does it take to get Medicare if you don't have Cobra?

If you’re not going to be eligible for Medicare yourself within 18 months (or up to 36 months, depending on the circumstances), you’ll have to come up with another plan for coverage when your COBRA continuation coverage runs out.

Is Medicaid a separate program from Medicare?

It’s easy to confuse Medicaid and Medicare, but they're separate programs with different benefits and different eligibility criteria. In many states, low-income people making up to 138% of federal poverty level are eligible for Medicaid.

Can I get medicaid if my income is low?

If your income is low enough, you may be eligible for government-provided health insurance through Medicaid. In some states, the Medicaid program goes by another name like SoonerCare in Oklahoma or Medi-Cal in California. It’s easy to confuse Medicaid and Medicare, but they're separate programs with different benefits and different eligibility criteria.

Who is covered by employer plans?

Often, the spouses covered on employer plans are either wives who are younger and using matern ity coverage, or husbands who are older and suffering from chronic conditions. The concept of steering spouses towards their own employer-sponsored plans (via surcharges or restricted access to coverage for spouses who have their own plan available) ...

How old do you have to be to get health insurance?

The ACA (Obamacare) requires employers with 50 or more employees to offer affordable health insurance to their full-time employees, and to extend the coverage offer to those employees’ dependent children, up to age 26.

Do family members get subsidies on the exchange?

Those family members still do not have access to subsidies in the exchange, due to the family glitch. When employers opt to not offer coverage to spouses – and assuming the spouse does not have access to their own employer-sponsored plan – individual market coverage is available, regardless of pre-existing conditions.

Does Kaiser offer health insurance to spouses?

And the vast majority of organizations that offer health insurance continue to offer coverage for spouses. According to 2020 Kaiser Family Foundation data, 99% of firms with 200 or more employees offer coverage to employees’ spouses, and 95% of smaller firms also do so.

Does Obamacare require employers to offer coverage to spouses?

A. Obamacare (the Affordable Care Act) increased the options employees’ spouses have for obtaining health insurance, and the law does not require employers to offer coverage to spouses. Some employers have changed their approach to spousal coverage in recent years, but this is a trend that was in place long before the ACA.

What happens if you are covered by your employer's health insurance?

As mentioned, if you are covered by your employer’s health insurance plan, you will have to prove that you have secured alternative coverage before you will be permitted to drop your existing coverage.

Can you be forced to take a health insurance policy?

You cannot be forced to take the policy. For example, if you already have health insurance that you are happy with, you may elect to forfeit coverage from your employer. That is perfectly reasonable and legal.

Is health insurance a necessity?

It means that you have insurance coverage, and in the United States, health insurance is an absolute necessity. But not everyone is happy with the health insurance plan that their employer provides. You may not be satisfied with the type of coverage that the plan offers, for example; or, you may have recently gotten married ...

Is employer sponsored health insurance voluntary?

Employer-Sponsored Health Insurance is Voluntary. You are not legally required to carry the health insurance that your employer provides. Though the company you work for may offer coverage, whether or not you decide to take on that coverage is entirely up to you. You cannot be forced to take the policy. For example, if you already have health ...

How long does Medicare coverage last?

This special period lasts for eight months after the first month you go without your employer’s health insurance. Many people avoid having a coverage gap by signing up for Medicare the month before your employer’s health insurance coverage ends.

What is a small group health plan?

Since your employer has less than 20 employees, Medicare calls this employer health insurance coverage a small group health plan. If your employer’s insurance covers more than 20 employees, Medicare will pay secondary and call your work-related coverage a Group Health Plan (GHP).

Does Medicare pay second to employer?

Your health insurance through your employer will pay second and cover either some or all of the costs left over. If Medicare pays secondary to your insurance through your employer, your employer’s insurance pays first. Medicare covers any remaining costs. Depending on your employer’s size, Medicare will work with your employer’s health insurance ...

Does Medicare cover health insurance?

Medicare covers any remaining costs. Depending on your employer’s size, Medicare will work with your employer’s health insurance coverage in different ways. If your company has 20 employees or less and you’re over 65, Medicare will pay primary. Since your employer has less than 20 employees, Medicare calls this employer health insurance coverage ...

Can an employer refuse to pay Medicare?

The first problem is that your employer can legally refuse to make any health-related medical payments until Medicare pays first. If you delay coverage and your employer’s health insurance pays primary when it was supposed to be secondary and pick up any leftover costs, it could recoup payments.

Enrolling in Medicare at 65

If you want to enroll when you are turning 65, you can enroll in Medicare Parts A & B, Part D prescription drug coverage or a Medicare Advantage (Part C) plan. You can also look at adding a Medicare supplement insurance plan to Original Medicare (Parts A & B) to help with the out-of-pocket costs of Medicare.

Enrolling in Medicare Part A at 65

Many people who are covered by a spouse’s employer plan choose to either wait to enroll until they lose their spouse’s employer coverage or choose to only enroll in Part A since Part A usually has no premium.

Delaying Medicare Enrollment

Just because you are turning 65, doesn’t necessarily mean you have to get Medicare right now. If you decide that waiting to enroll in Medicare is the best option both financially and in terms of healthcare coverage for you, just follow Medicare’s rules, and you’ll avoid enrollment penalties when you do enroll.

When Would I Enroll If I Delay or Only Take Part A?

If you are able to delay enrolling in either all or part of Medicare, you will have a Special Enrollment Period of eight months that begins when the employer coverage is lost or when your spouse retires. During this time, you’ll be able to enroll in Medicare Parts A & B. You can also enroll in a Part D prescription drug plan.

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