Medicare Blog

how do i know how the medicare premium hold harmless rule applies to me

by Effie Feeney Published 2 years ago Updated 1 year ago

Most Social Security recipients are protected from reductions in their monthly benefits due to increases in Medicare Part B premiums. This protection is known as the “hold-harmless rule.” The rule comes in to play depending on the amount of the cost of living adjustment (COLA) and the Part B premium increase.

The majority of enrollees in Medicare Part B are covered by the hold harmless provision. To qualify for reduced payments under this provision, you must receive Social Security benefits and have Part B premiums paid out of those benefits for at least two months in the previous year.

Full Answer

What is the Medicare hold harmless provision?

The Medicare hold harmless provision prohibits Medicare Part B premiums from reducing the amount of your Social Security benefits year over year. This limits the rise in Medicare Part B premiums paid by Social Security beneficiaries in a given year to no more than the cost of living increase provided by Social Security.

What does the hold harmless rule mean for You?

The other thing to remember about the hold-harmless provision is that it doesn't permanently reduce your monthly Medicare premiums. When future-year COLAs exceed the increase in Medicare costs, then you'll have to make up the difference with additional Medicare premium boosts that you temporarily avoided because of the rule.

Does hold harmless apply to Medicare Part B?

The hold harmless provision does NOT protect you if: You are new to Medicare. Hold harmless does not apply to you because you have not been enrolled in Medicare Part B long enough to qualify. You are subject to IRMAA. You are enrolled in a Medicare Savings Program (MSP).

Does the hold-harmless rule apply to Social Security?

Because $22 is bigger than $5, the hold-harmless provision didn't apply to the average retiree getting Social Security. However, if you had a very small Social Security benefit, then the hold-harmless rule might have applied.

How are individual Medicare premiums determined?

Medicare premiums are based on your modified adjusted gross income, or MAGI. That's your total adjusted gross income plus tax-exempt interest, as gleaned from the most recent tax data Social Security has from the IRS.

Why is my Part B premium so high?

If you file your taxes as “married, filing jointly” and your MAGI is greater than $182,000, you'll pay higher premiums for your Part B and Medicare prescription drug coverage. If you file your taxes using a different status, and your MAGI is greater than $91,000, you'll pay higher premiums.

What is the Irmaa for 2021?

The IRMAA rises as adjusted gross income increases. The maximum IRMAA in 2021 will be $356.40, bringing the total monthly cost for Part B to $504.90 for those in that bracket. The top IRMAA bracket applies to married couples with adjusted gross incomes of $750,000 or more and singles with $500,000 or more of income.

Are Medicare Part B premiums locked in?

This is called the “hold harmless” provision, and it protects about 70 percent of Medicare beneficiaries from having to pay the full amount of the Part B premium increase in years when the COLA wouldn't be enough to cover the premium hike.

What is the standard Medicare Part B premium for 2021?

$148.50The Centers for Medicare & Medicaid Services (CMS) has announced that the standard monthly Part B premium will be $148.50 in 2021, an increase of $3.90 from $144.60 in 2020.

Does Social Security count as income for Medicare?

All types of Social Security income, whether taxable or not, received by a tax filer counts toward household income for eligibility purposes for both Medicaid and Marketplace financial assistance.

At what income level does Irmaa kick in?

The IRMAA surcharge will be added to your 2022 premiums if your 2020 income was over $91,000 (or $182,000 if you're married), but as discussed below, there's an appeals process if your financial situation has changed.

What income level triggers higher Medicare premiums?

In 2022, higher premium amounts start when individuals make more than $91,000 per year, and it goes up from there. You'll receive an IRMAA letter in the mail from SSA if it is determined you need to pay a higher premium.

How do I stop paying Irmaa?

To avoid getting issued an IRMAA, you can proactively tell the SSA of any changes your income has seen in the past two years using a “Medicare Income-Related Monthly Adjustment Amount – Life-Changing Event” form or by scheduling an interview with your local Social Security office (1-800-772-1213).

What is hold harmless Medicare?

The Medicare hold harmless provision stems from a statutory restriction that prevents Medicare from raising most Social Security recipients' Medicare Part B premiums by more than the cost of living adjustment (COLA) provided by Social Security in a given year.

Why did Medicare Part B go up so much?

Medicare costs, including Part B premiums, deductibles and copays, are adjusted based on the Social Security Act. And in recent years Part B costs have risen. Why? According to CMS.gov, “The increase in the Part B premiums and deductible is largely due to rising spending on physician-administered drugs.

What is the Medicare Part B premium for 2022?

$170.102022. The standard Part B premium amount in 2022 is $170.10. Most people pay the standard Part B premium amount.

How much is the hold harmless premium for Medicare?

Almost half of Part B Medicare recipients who are subject to the hold-harmless provision for 2018 will pay the full monthly premium of $134 because the 2% increase in Social Security will cover the increased Part B premiums.

What is the COLA for Social Security?

COLA usually causes Social Security checks to go up, but when consumer prices drop, the COLA is lower or is eliminated altogether. In 2018, the COLA is 2.0%. In 2017, the COLA was 0.3%, in 2016, there was no COLA, and in 2015, the COLA was 1.7%. In 2014, the COLA was 1.5%.

How much is Medicare Part B?

How Much Is the Medicare Part B Premium? Medicare premiums have ridden steadily every year until now. The monthly premium for Medicare Part B rose to $134 in 2018, up from $109 in 2017, up from $121.80 in 2016. (Medicare Part B pays for outpatient services like doctor visits and medical equipment.

Why is Social Security not lowering?

Most Social Security recipients are protected from having their check lowered due to rising Medicare Part B premiums. By Elizabeth Dickey. There is a special rule for Social Security recipients, called the "hold harmless rule," that ensures that Social Security checks will not decline from one year to the next because of increases in Medicare Part ...

Does the hold harmless rule apply to Medicare?

In addition, there are low-income Medicare recipients whose Medicare premiums are paid by their state Medicaid agencies, and those premiums are not protected by the hold harmless provision. The hold harmless rule also does not apply to the Medicare Part D (prescription drug) premium, but that program just started in 2006 ...

Can you have a reduction in your Social Security check to pay for Medicare premiums?

When Medicare premiums were climbing each year, without the COLA keeping pace, it was possible for a Social Security recipient to have a reduction in their Social Security check to pay for the increased Medicare premium. Fortunately, the "hold harmless" rule prevented that from happening for most Social Security recipients.

What is the hold harmless rule?

The hold harmless rule protects you from having your previous year’s Social Security benefit level reduced by an increase in the Part B premium so long as: You are entitled to Social Security benefits for November and December of the current year (2019);

When will Medicare Part B be deducted from Social Security?

The Medicare Part B premium will be or was deducted from your Social Security benefits in November 2019 through January 2020; You do not already pay higher Part B premiums because of eligibility; And, you do not receive a Cost of Living Adjustment (COLA) large enough to cover the increased premium. COLA is additional income given ...

Does Hold harmless apply to 2020?

You are new to Medicare in 2020. Hold harmless does not apply to you because you have not been enrolled in Medicare Part B long enough to qualify. You are subject to IRMAA. You are enrolled in a Medicare Savings Program (MSP). However, the MSP should continue paying for your full Part B premium.

Can you waive a Part B late enrollment penalty?

Note: If you qualify for the hold harmless provision but pay a Part B late enrollment penalty, the penalty will not be waived, and it may increase. This is because the penalty will be calculated based on the new, higher premium—even if you are not paying that higher amount.

Does COLA cover Part B?

The COLA in 2020 is likely to cover the full Part B premium for most people. If your COLA is large enough to cover the full amount of your increased premium, you will not be held harmless and your premium will increase to $144.60. The hold harmless provision does NOT protect you if: You are new to Medicare in 2020.

What is the hold harmless provision for Medicare?

The Medicare hold harmless provision stems from a statutory restriction that prevents Medicare from raising most Social Security recipients’ Medicare Part B premiums by more than the cost of living adjustment (COLA) provided by Social Security in a given year. The administration calculated the adjustment for 2021 at 1.3%. 1 

Do you have to pay out of your Social Security for Medicare Part B?

To qualify for reduced payments under this provision, you must receive Social Security benefits and have Part B premiums paid out of those benefits for at least two months in the previous year. Those who make payments for Part B insurance directly to Medicare and those who have premiums paid by Medicaid do not qualify and, as a result, may be subject to higher premiums. 2 

Many misunderstand how the rule works

Retirees need help with basic living expenses, and healthcare is a vital need for people as they age. Together, Social Security and Medicare aim to give retirees vital assistance with their medical and financial obligations.

Why the hold-harmless provision exists

The hold-harmless provision stemmed from the fact that the CMS and SSA work together to facilitate their joint operations. Online applications for both Social Security and Medicare run through a page on the SSA website, and those who visit Social Security offices in person can apply for both benefits at the same time if they so choose.

How hold-harmless really works

Many people mistakenly believe that the hold-harmless provision kicks in whenever percentage increases in Medicare costs outpace Social Security's COLA percentage. That would be ideal in helping retirees keep as much of their benefits as possible. However, that's not the way the rule works.

A temporary benefit

The other thing to remember about the hold-harmless provision is that it doesn't permanently reduce your monthly Medicare premiums. When future-year COLAs exceed the increase in Medicare costs, then you'll have to make up the difference with additional Medicare premium boosts that you temporarily avoided because of the rule.

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What is the hold harmless provision for Medicare?

This is called the “hold harmless” provision, and it protects about 70 percent of Medicare beneficiaries from having to pay the full amount of the Part B premium increase in years when the COLA wouldn’t be enough to cover the premium hike.

What was the Medicare premium for 2016?

For 2016, the standard Medicare Part B premium was $121.80/month. But about 70 percent of enrollees were only paying $104.90 (the same rate they paid in 2015), because they were “held harmless” from the rate hike in 2016.

What percentage of Medicare Part B will receive COLA?

The federal government estimated that only about 3.5 percent of Medicare Part B enrollees would receive COLAs that still weren’t sufficient to cover the full increase in their Part B premiums, and would thus still be paying less than the standard premium in 2019. For 2018, the Social Security COLA was 2 percent.

When did Medicare Part B premiums increase?

After remaining steady for three years, Medicare Part B premiums started increasing again in 2016, and again in 2017. They remained steady in 2018, but increased again in 2019. However, because COLAs weren’t large enough to cover the increases in 2016 and 2017, most beneficiaries were paying less than the standard amount for their Part B coverage.

Is Medicare Part B premium larger than Social Security?

But sometimes the Medicare Part B premium increase is larger than the Social Security COLA. In that situation, the result would be a decrease in net Social Security checks from one year to the next (for example, if the COLA only adds $5/month to a person’s check but their Part B premiums go up by $8/month, their net Social Security check would be ...

Did Medicare Part B increase in 2016?

The COLA was zero percent that year, so Medicare Part B premiums couldn’t increase at all for most enrollees. 2016 was only the third time in 40 years that the COLA was zero. Louise Norris is an individual health insurance broker who has been writing about health insurance and health reform since 2006.

What was the Medicare premium in 2014?

At the same time, the premium for Medicare Part B in 2014 was $104.90/month. Given that Social Security benefits had increased by $22/month, even if Medicare Part B premiums had risen by 10% for 2015, to $115.40, the Medicare Part B premium “Hold Harmless” provision still wouldn’t have applied. While Medicare premiums would have been up 10% ...

When did Medicare Part B hold harmful?

The Medicare Part B Hold Harmless Provision In 2010 And 2011 When Social Security COLAs Went To 0.0%. When Social Security benefits didn’t increase at all in 2010 (and again in 2011) due to the 0.0% COLA, it meant any dollar increase in Medicare Part B would trigger the Hold Harmless provision.

What is Medicare for retirees?

For virtually all retirees, Medicare is the core means by which health insurance is obtained in retirement. Coverage is provided via a combination of Medicare Part A (for hospital insurance) that is free, plus Part B (for medical insurance covering doctor’s visits, outpatient procedures, and more) for a subsidized premium, and Part D (for prescription drugs) also paid via a separate premium. Together, the Medicare system goes a long way to stabilizing the unknown of health care costs in retirement into a series of known health insurance premiums.

Does the hold harmless provision apply to everyone?

When The Hold Harmless Provision On Medicare Part B Premiums Does NOT Apply. Notably, the Hold Harmless provision on Medicare Part B premiums doesn’t apply to everyone. In order for the rule to apply, the retiree must have Medicare Part B premiums being deducted from his/her Social Security benefits in the first place.

Can Medicare premiums be deducted from Social Security?

When a retiree is signed up for Medicare Part B and is receiving Social Security benefits, the Medicare premiums are normally subtracted directly from the Social Security check. If the retiree is signed up for a Medicare Part D plan, the premiums can be paid separately or the insured may also request to have the premiums deducted directly from monthly Social Security benefits payments.

Will Medicare Part B premiums increase?

Nonetheless, as the projections currently stand, the potential Medicare Part B premium increase is quite significant... at least, for the subset of Medicare enrollees not eligible for the Hold Harmless rules, who will face the premium increase!

Does Medicare pay inflation?

For most retirees, the Medicare Part B (and potentially Part D) premiums are simply subtracted directly from ongoing Social Security benefits payments, and each (Social Security benefits and Medicare premiums) have their own inflation adjustments each year (with Medicare healthcare inflation higher than general inflation adjustments most years).

The Hold-Harmless Rule and How It Protects Social Security Recipients

Most Social Security recipients are protected from reductions in their monthly benefits due to increases in Medicare Part B premiums. This protection is known as the “hold-harmless rule.” The rule comes in to play depending on the amount of the cost of living adjustment (COLA) and the Part B premium increase.

Who Is and Who Is Not Protected?

The hold-harmless rule does protect you if you were enrolled in Part B before 2017 and the premiums are deducted from your Social Security payment. Even though, for most, the Part B premium increased to $134 for 2018, the 2% COLA resulted in a small increase in benefits as well as covering the premium increase.

Got Questions? We Can Help!

If you’re unsure about Medicare coverage, the Hold-Harmless Rule, we’re here to help! Medigap plans are available that complement Medicare, while Medicare Advantage plans can replace Medicare and must offer at least the same coverage. There are options available, and we can help you find the one that works best for you.

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What percentage of Medicare Part B premiums will increase in 2016?

But due to a Social Security provision, known as the hold harmless rule, about 30 percent of Part B enrollees may face premium increases.

Is COLA going to be zero in 2016?

In 2016, the COLA is expected to be zero ( see chart below). This won’t impact the majority of Medicare beneficiaries who fall under the hold harmless rule. By law, they won’t face any premium increases next year. Instead, they’ll continue to pay the current premium of $104.90.

Why The Hold-Harmless Provision Exists

  • The hold-harmless provision stemmed from the fact that the CMS and SSA work together to facilitate their joint operations. Online applications for both Social Security and Medicarerun through a page on the SSA website, and those who visit Social Security offices in person can apply for both benefits at the same time if they so choose. Once you're e...
See more on fool.com

How Hold-Harmless Really Works

  • Many people mistakenly believe that the hold-harmless provision kicks in whenever percentage increases in Medicare costs outpace Social Security's COLA percentage. That would be ideal in helping retirees keep as much of their benefits as possible. However, that's not the way the rule works. Instead, the rule focuses on specific dollar amounts for individuals rather than overall per…
See more on fool.com

A Temporary Benefit

  • The other thing to remember about the hold-harmless provision is that it doesn't permanently reduce your monthly Medicare premiums. When future-year COLAs exceed the increase in Medicare costs, then you'll have to make up the differencewith additional Medicare premium boosts that you temporarily avoided because of the rule. For instance, in 2014, Medicare costs s…
See more on fool.com

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