Medicare Blog

who is not covered by the hold harmless medicare act

by Alexandrine Jakubowski Published 2 years ago Updated 1 year ago
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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.

Who is not eligible for the hold harmless provision?

People who pay Part B premiums directly to Medicare—or who have premiums paid by Medicaid—do not qualify for the hold harmless provision.

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 hold harmless apply to you in 2021?

The hold harmless provision does NOT protect you if: You are new to Medicare in 2021. 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.

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What is the hold harmless rule for Medicare?

Last Updated: November 30, 2021 A special rule called the “hold harmless provision” protects your Social Security benefit payment from decreasing due to an increase in the Medicare Part B premium. The Part B base premium for 2022 is $170.10, which is $21.60 higher than the 2021 base premium.

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.

Who determines Medicare Part B premiums?

Medicare Part B Premium and Deductible Each year the Medicare Part B premium, deductible, and coinsurance rates are determined according to the Social Security Act. The standard monthly premium for Medicare Part B enrollees will be $170.10 for 2022, an increase of $21.60 from $148.50 in 2021.

How do you pay for Medicare Part B if you are not collecting Social Security?

If you have Medicare Part B but you are not receiving Social Security or Railroad Retirement Board benefits yet, you will get a bill called a “Notice of Medicare Premium Payment Due” (CMS-500). You will need to make arrangements to pay this bill every month.

Which of the following is excluded from Medicare coverage?

Non-medical services, including a private hospital room, hospital television and telephone, canceled or missed appointments, and copies of x-rays. Most non-emergency transportation, including ambulette services. Certain preventive services, including routine foot care.

Do most federal retirees enroll in Medicare Part B?

About 70% of federal retirees enroll in Part B, which means paying two premiums and in essence two duplicative insurance programs. A portion of the retirees that join Part B might do so as a hedge against the elimination of FEHB retiree benefits.

Does Social Security count as income for Medicare premiums?

(Most enrollees don't pay for Medicare Part A, which covers hospitalization.) 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.

At what income do Medicare premiums increase?

For example, when you apply for Medicare coverage for 2022, the IRS will provide Medicare with your income from your 2020 tax return. You may pay more depending on your income. In 2022, higher premium amounts start when individuals make more than $91,000 per year, and it goes up from there.

Why is Medicare Part B so expensive?

Medicare Part B covers doctor visits, and other outpatient services, such as lab tests and diagnostic screenings. CMS officials gave three reasons for the historically high premium increase: Rising prices to deliver health care to Medicare enrollees and increased use of the health care system.

Who is not eligible for Medicare?

Did not work in employment covered by Social Security/Medicare. Do not have 40 quarters in Social Security/Medicare-covered employment. Do not qualify through the work history of a current, former, or deceased spouse.

How far back does Social Security check your bank account?

Some of the things we do count are • Cash; • Your checking and savings accounts; • Christmas club accounts; • Certificates of deposit; and • Stocks and U.S. Savings Bonds. Any payments that you get from SSI or Social Security for past months won't be counted as a resource for nine months after the month you get them.

Can you get Medicare without collecting Social Security?

Even if you don't qualify for Social Security, you can sign up for Medicare at 65 as long you are a U.S. citizen or lawful permanent resident.

How to qualify for hold harmless?

To qualify for the hold harmless provision, you must: Receive Social Security benefits or be entitled to Social Security benefits for November and December of the current year. Have your Medicare Part B premiums for December and January deducted from your monthly benefits.

Why do people pay Medicare premiums?

Most people with Medicare will pay the new premium amount because the increase in their benefit amount will cover the increase. However, a small number of people will see little or no increase in their Part B premium — and their Social Security benefit checks will remain the same — because the amount of their cost-of-living adjustment isn’t large ...

Does Social Security reduce Medicare?

Social Security works together with the Centers for Medicare & Medicaid Services to make sure you won’t have a reduction in your Social Security benefits as a result of Medicare Part B premium increases.

Does hold harmless apply to Part B?

The hold harmless provision does NOT apply to you if: You enroll in Part B for the first time in 2021. You pay an income-related monthly adjustment amount premium. You are dually eligible for Medicaid and have your premium paid by a state Medicaid agency. You can learn more by visiting Medicare. Tags: Medicare.

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 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.

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.

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 Is the Medicare Hold Harmless Provision?

What is the hold harmless provision in Medicare? It sounds like a fancy legal term, but it’s actually a simple protection put in place for recipients. It ensures that this year’s Medicare premium increases won’t completely eliminate the cost of living increase you received this year.

Hold Harmless Provision Requirements

Once you understand what the hold harmless agreement represents in Medicare, it’s time to look at some of the exceptions to the provision. In order to cap your Medicare increases, you have to meet the following criteria as a Social Security recipient:

Special Considerations

COLA has been pretty good to Social Security recipients in recent years. But it wasn’t too long ago that the economy was suffering, leading the COLA to fall to zero. In 2016, this was the case for only the third time in 40 years. The cost of Medicare for social security recipients had to stay stagnant because of the hold harmless provision.

Final Thoughts

Inflation is inevitable, but at least Social Security recipients know they’ll get a raise to compensate for it. Medicare premiums could increase, as well, though. Thanks to the hold harmless provision, Social Security recipients have the confidence of knowing they won’t lose money because premiums increased more than the cost of living.

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.

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