Medicare Blog

penalty for new medicare recipients who had no health insurance

by Luella Buckridge Published 2 years ago Updated 1 year ago

People who do have to pay a penalty for not having insurance may have to pay the greater of: Up to 2.5 percent of annual income, with a maximum of the annual premium for an average Bronze plan Up to $695 for each adult and $347 for each child up to 18 years old, with a maximum of $2,085 for each household

Medicare calculates the penalty by multiplying 1% of the "national base beneficiary premium" ($33.37 in 2022) times the number of full, uncovered months you didn't have Part D or creditable coverage. The monthly premium is rounded to the nearest $. 10 and added to your monthly Part D premium.

Full Answer

How does Medicare calculate the penalty for not having insurance?

Medicare calculates the penalty by multiplying 1% of the "national base beneficiary premium" ($33.19 in 2019) times the number of full, uncovered months you didn't have Part D or creditable coverage.

Is there a penalty for not having health insurance?

But if you're in California, DC, Massachusetts, New Jersey, or Rhode Island, there is a penalty for being uninsured, which is assessed when you file your state tax return. Here's an overview of how the individual mandate penalty has evolved over time:

What is the late enrollment penalty for Medicare?

The late enrollment penalty is an amount that's permanently added to your Medicare drug coverage (Part D) premium. You may owe a late enrollment penalty if at any time after your Initial Enrollment Period is over, there's a period of 63 or more days in a row when you don't have Medicare drug coverage or other Creditable prescription drug coverage .

What happens if you don't enroll in Medicare when you're eligible?

If you don't enroll in Medicare when you're eligible, you could owe a late enrollment penalty. For example, if you turn 65 and don't have another health plan, you'd pay the penalty if you decide to enroll in Medicare later.

How do I avoid Medicare Part B penalty?

If you don't qualify to delay Part B, you'll need to enroll during your Initial Enrollment Period to avoid paying the penalty. You may refuse Part B without penalty if you have creditable coverage, but you have to do it before your coverage start date.

How do I avoid Part D Penalty?

3 ways to avoid the Part D late enrollment penaltyEnroll in Medicare drug coverage when you're first eligible. ... Enroll in Medicare drug coverage if you lose other creditable coverage. ... Keep records showing when you had other creditable drug coverage, and tell your plan when they ask about it.

Can Medicare penalty be waived?

You may qualify to have your penalty waived if you were advised by an employee or agent of the federal government – for example by Social Security or 1-800-MEDICARE – to delay Part B. Asking for the correction is known as requesting equitable relief.

What are the consequences of not signing up for Medicare at age 65?

You waited to sign up for Part B until March 2019 during the General Enrollment Period. Your coverage starts July 1, 2019. Your Part B premium penalty is 20% of the standard premium, and you'll have to pay this penalty for as long as you have Part B.

Does the Part D penalty ever go away?

Generally, once Medicare determines a person's penalty amount, the person will continue to owe a penalty for as long as they're enrolled in Medicare drug coverage.

When did Medicare Part D become mandatory?

The MMA also expanded Medicare to include an optional prescription drug benefit, “Part D,” which went into effect in 2006.

How do I get rid of Medicare penalty?

You can appeal to remove the penalty if you think you were continuously covered by Part B or job-based insurance. You can also appeal to lower the penalty amount if you think it was calculated incorrectly. Call your former employer or plan and ask for a letter proving that you were enrolled in coverage.

How do I fight Medicare penalty?

If you disagree with your penalty, you can request a review (generally within 60 days from the date on the letter). Prescription drug coverage (for example, from an employer or union) that's expected to pay, on average, at least as much as Medicare's standard prescription drug coverage.

Is there a cap on Medicare Part B penalty?

As of now, there is no cap when calculating the Medicare Part B late enrollment penalty. However, legislation has been introduced to cap the Medicare Part B penalty at 15% of the current premium, regardless of how many 12-month periods the beneficiary goes without coverage.

What happens if I don't enroll in Medicare?

If you don't enroll when you're first eligible for Medicare, you can be subject to a late-enrollment penalty, which is added to the Medicare Part A premium. The penalty is 10% of your monthly premium, and it applies regardless of the length of the delay.

How is Medicare Part B penalty calculated?

Calculating Lifetime Penalty Fees Calculating your Part B penalty is fairly straightforward. You simply add 10% to the cost of your monthly premium for each year-long period you didn't have Medicare. It's simple to get a snapshot of what you will have to pay each month.

Is there a grace period for Medicare premiums?

Under rules issued by the Centers for Medicare and Medicaid Services (CMS), consumers will get a 90-day grace period to pay their outstanding premiums before insurers are permitted to drop their coverage.

What does it mean to get Obamacare insurance?

Getting an Obamacare health insurance plan means knows you are getting care that meets certain standards. And this is in terms of both level of coverage and consumer protections.

What did the ACA mandate mean?

The ACA had an individual mandate, meaning all Americans had to have health insurance or pay a tax penalty. But Republican lawmakers opposed the individual mandate, ultimately challenging it in court. Ultimately, the Supreme Court ruled that the mandate was in fact constitutional.

How much does Healthsherpa pay?

These subsidies are based on household income, and they can be very significant—people who enroll on HealthSherpa pay an average of $47/month, and 94% of people qualified for subsidies during 2020’s Open Enrollment. You can also see if you qualify for Medicaid or Medicare on HealthSherpa.

What is OEP in health insurance?

Whether you live in a state with an individual mandate or not, you can get the coverage you need during Open Enrollment. The annual Open Enrollment Period (OEP) is the time when all eligible Americans can shop the Health Insurance Marketplace. There, you can pick an Affordable Care Act-compliant health plan for 2020.

What states require health insurance?

California. D.C. Massachusetts. New Jersey. Rhode Island. Vermont (but there’s currently no financial penalty attached to the mandate) If you live in one of the above states, this means you must have health insurance coverage. If you don’t, you may have to pay a fine to the state.

Is the individual mandate still in effect?

Under the new law, the individual mandate was no longer in effect as of January 1, 2019. However, a number of states have their own version of the individual mandate. And this means that in those places, you still must have health insurance or pay a health insurance penalty on your income tax return for the tax year you did not have minimum ...

Does the ACA make discrimination illegal?

But the ACA made that kind of discrimination illegal . And then it took things one step further. An individual mandate is an incentive for everyone to get health insurance, even healthy people.

How much is the penalty for Part B?

Your Part B premium penalty is 20% of the standard premium, and you’ll have to pay this penalty for as long as you have Part B. (Even though you weren't covered a total of 27 months, this included only 2 full 12-month periods.) Find out what Part B covers.

What happens if you don't get Part B?

If you didn't get Part B when you're first eligible, your monthly premium may go up 10% for each 12-month period you could've had Part B, but didn't sign up. In most cases, you'll have to pay this penalty each time you pay your premiums, for as long as you have Part B.

What was the penalty for not having health insurance in 2015?

The penalty was implemented in 2014, and became progressively steeper through 2016. The average penalty for people who were uninsured in 2015 was $470 3  —up from $210 the year before.

When did the penalty for filing taxes end?

But the penalty was eliminated after the end of 2018, as a result of the Tax Cuts and Jobs Act (H.R.1) that was enacted in late 2017 ( for 2018, the penalty still applied, just as it had since 2014, so people who were uninsured in 2018 had to pay the penalty when they filed their tax returns in early 2019).

What is the goal of the Affordable Care Act?

ACA Goal: Insure Most Americans and Keep Them Insured. The overarching goal of the Affordable Care Act (ACA) was to extend health insurance coverage to as many Americans as possible. In that regard, it's had significant success.

When will the penalty be assessed for 2020 taxes?

The penalty was assessed on 2019 (and future) tax returns in DC, Massachusetts, and New Jersey; it will start to be assessed on 2020 tax returns in California and Rhode Island.

Is there a penalty for being uninsured?

Although there is no longer a federal penalty for being uninsured, the process of obtaining a hardship exemption from the individual mandate is still important for some enrollees. If you're 30 or older and want to buy a catastrophic health plan, you need a hardship exemption. 10 

Is the ACA still in effect?

The ACA's individual mandate—the requirement that people maintain minimum essential coverage —is still in effect. But there is no longer a federal penalty for non-compliance. So people who are currently uninsured are not subject to a federal penalty. 6  They're still stuck without health insurance if they end up needing medical care, ...

Is there a penalty for non compliance with the Vermont mandate?

Vermont implemented an individual mandate as of 2020, requiring state residents to maintain coverage. 8  But lawmakers designed the program so that there is currently no penalty for non-compliance with the mandate.

For starters, maybe you'll get a bigger tax bill next year

As most people know, the Affordable Care Act says that all Americans must either have health coverage or pay a penalty for not having health insurance. Here’s how that’s going to work.

See our complete health insurance information

To find out how to apply for, select, and use health insurance, including Medicare, visit our main health insurance page.

How much does Part B premium increase?

Part B premiums increase 10 percent for every 12-months you were eligible for Part B but not enrolled. People who delay Part B because they were covered through their own or a spouse’s current job are exempt from this penalty, and can generally enroll in Part B without any delays.

When does the Part B enrollment period start?

They don’t qualify for the Part B Special Enrollment Period and can’t enroll in Part B until the next General Enrollment Period (GEP), which runs from January to March of each year, with Part B coverage beginning that July.

Can you get a penalty for delaying Medicare enrollment?

Key takeaways. The penalty for delaying enrollment in Medicare Part B is an increased premium. Beneficiaries can get a Part B penalty waived if their enrollment delay was the result of bad advice from the government. To file an appeal, you’ll need to provide details about the bad advice – including when you received it.

Why do people miss the Medicare enrollment deadline?

Each year, thousands of Americans miss their deadline to enroll in Medicare, and federal officials and consumer advocates worry that many of them mistakenly think they don't need to sign up because they have purchased insurance on the Affordable Care Act's marketplaces. That failure to enroll on time can leave them facing a lifetime of penalties.

When do you have to switch to Medicare Part B?

Many people with marketplace health plans purchased under the Affordable Care Act didn't realize they need to switch to Medicare Part B plans at age 65. Many people with marketplace health plans purchased under the Affordable Care Act didn't realize they need to switch to Medicare Part B plans at age 65. Each year, thousands of Americans miss their ...

Why did Grimes get Medicare?

She receives Social Security disability benefits because of mental illness. She became eligible for Medicare automatically because of the disability benefits, but she had marketplace coverage at that time. (Grimes agreed to be interviewed as long as her sister was not identified.) Grimes' sister mistakenly opted to keep her marketplace plan ...

Does Medicare lose subsidies?

Under the ACA, people who qualify for Medicare will lose subsidies if they choose to remain in plans purchased on the federal or state exchanges. And being enrolled in one of those plans does not protect them from a permanent late enrollment penalty from Medicare.

Do Medicare beneficiaries need Part B?

The rules are tricky, and mistakes are common. Other Medicare beneficiaries have made similar mistakes by assuming they didn't need Part B if they had a marketplace plan, or retiree coverage from a former employer, or health coverage through the Department of Veterans Affairs, or via a current employer with fewer than 20 workers.

Does Medicare cover doctor visits?

Now Medicare has temporarily changed its rules to offer a reprieve from those late-enrollment penalties for anyone who kept the ACA policy after becoming eligible for Medicare Part B. For those 65 and older and for people with disabilities, Medicare Part B covers doctor visits and outpatient care. Many of these people who missed ...

Does Medicare give waivers to people over 65?

In March, Medicare began emailing letters about the temporary waiver to some people 65 and older who are enrolled in plans sold on the marketplaces run by the federal government. But others who may be eligible for a waiver are not getting those notices.

You may not contribute to a health savings account (HSA) when you have Medicare, but you can withdraw from one

A health savings account, or HSA, is an account you can use to pay medical expenses, tax-free. In order to have an HSA, you must be enrolled in a high-deductible health plan and meet certain requirements, such as not having any other health plan.

What are the benefits of an HSA?

When you have an HSA, you'll be sent a debit card or checks linked to your account that you can use to pay for eligible medical expenses. These include:

Will you owe the Part B late enrollment penalty if you keep your HSA?

If you don't enroll in Medicare right away because you're not yet retired or receiving Social Security benefits, or you have other creditable coverage, you can continue contributing to your HSA.

When would you owe the late enrollment fee?

If you don't enroll in Medicare when you're eligible, you could owe a late enrollment penalty. For example, if you turn 65 and don't have another health plan, you'd pay the penalty if you decide to enroll in Medicare later.

Can you use HSA funds to pay your Medicare premiums?

Many healthcare costs can be paid using HSA funds, including Medicare premiums.

Can you pay Medigap premiums with your HSA funds?

Medigap isn't considered a qualified medical expense, so you cannot use your HSA funds to cover the costs of these plans without paying taxes.

Potential tax liabilities when you use an HSA and have Medicare

When you contribute funds to an HSA, they are pre-tax, which means you don't pay taxes on that money.

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