Medicare

How the Hold Harmless Provision Protects Your Benefits

November 30, 2020 • By

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Last Updated: August 19, 2024

How-the-Hold-Harmless-Provision-Protects-Your-Benefits

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.

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.

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 enough to cover the increase.

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.

There are exceptions:

The hold harmless provision does NOT apply to you if:

  • You enroll in Part B for the first time in 2022.
  • 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 about Part B costs by visiting Medicare. 

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About the Author

Darlynda Bogle, Assistant Deputy Commissioner

Darlynda Bogle, Assistant Deputy Commissioner

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Comments

  1. Nasrin A.

    I opened online account to be able to communicate online. The site is one way messaging from SS. Where can I email for example form CMS-1763. Or should I mail it to HHS and SS office?

    • V.V.

      Hi Nasrin, thanks for using our blog. Check out our Frequently Asked Questions web page for details on how to terminate Medicare Part B. You can send the completed CMS-1763 to your local Social Security office. Use the Social Security Office Locator to get your local office mailing address. We hope this helps!

  2. Eng U.

    I am 74, I do not have Medical Part B and I can’t go see Doctor because my medicare does not cover . what should I do ?

    • V.V.

      Hi Eng, thanks for using our blog. In most cases, if you don’t sign up for Medicare when you’re first eligible, you may have to pay a higher monthly premium which is why we advise people to apply for Medicare benefits as soon as they are eligible. You may be able to enroll during the General Enrollment Period (GEP) which runs from January 1 through March 31. Coverage would begin July 1. Most people who sign up for Part B during the GEP will have a 10 percent increase in monthly premiums for each 12-month period they did not enroll, but were eligible.

      To inquire on enrolling during the General Enrollment Period, you should call your local office before March 31. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.

  3. Alton D.

    Most of enrolees in Medicare Part B are covered by the hold innocuous arrangement.
    Winnipeg Home Care, Manitoba, has many years of experience in the senior care industry.

  4. JessicaKoller

    writemyessay.onl says:
    I’ve regarded Social Security as longevity insurance. Have I worried about breaking even? No. It’s relatively inexpensive being dead. I derive peace of mind from knowing that my wife, if she outlives me, will collect my (larger) benefit.

  5. Steve B.

    Social Security penalizes Americans who worked hard their entire lives and made regular FICA contributions just because they were successful in life. FICA contributions are not taxes, but rather deposits that were made into our individual accounts. SSA is now only providing a portion of the benefits earned and paid for based on other income. This is wrong, morally wrong, and flies in the face of the values embedded in our nation’s founding documents of individual liberties and freedoms. What is being done to resolve this issue?

    • V.V.

      Hi Steve, thanks for using our blog. You can submit feedback by visiting our Contact Social Security page. Once there, select the “Email Us” link. This will take you to the “Email A Question to our Support Team” form, where you can complete and submit a compliment, complaint, or suggestion. We hope this helps.

  6. carol

    i recently received an IDES what appears to b a debit card, got a letter with it couple days b4 that card, im retired, did not file for any unemployment card, took it down to ,the local police station, and their like “oh we get that all the time” acting like no biggy. and just blew it off, i waited for almost an hour, and was told were very busy right now. mayb thats why its rampant, police just blow it off.

  7. Miss k.

    I am under age 65 and have a disability. As a result i have had medicare since i was determined to be disabled. I was never charged any extra premium all these years an d a few years ago during a visit i was told my premium was $74 -$94 a month? I never received the benefits i was supposed to and experienced fraud on my account. if i couldnt get The treatments why am i charged a premium? i ended u buying private insurance under obama-care and pay no premium whats the premiums based on?

    • Miss K.

      PS Does IL STATE MEDICAID cover those premiums? the spend down was $300 a month when i had income of $980 a month isnt that too high. I won three appeals against medicaid and no one would correct the high spend down.

    • V.V.

      For your security, we do not have access to private information in this venue. We ask that members in our Blog community work with our offices with specific questions. You can call us at 1-800-772-1213 for assistance or you can call your local Social Security office. Please look for the general inquiry telephone number at the Social Security Office Locator. The number may appear under Show Additional Office Information. Please be aware that our call wait times are longer than normal. We hope this information helps.

    • vivian c.

      My SS benefits don’t cover medicare costs, why aren’t the costs being paid by my ex husband through his SS? I ask because a friend in the same situation has her ex’s SS benefits paying her medicare.
      Thank you.

      • A.C.

        Hi, Vivian. For your security, we do not have access to private information in this venue. We ask that members in our Blog community work with our offices with specific questions. You can call us at 1-800-772-1213, Monday through Friday, between 8:00 a.m. and 7:00 p.m., for assistance. Generally, you will have a shorter wait if you call later in the day. You can also contact your local Social Security office. We hope this helps.

  8. GRACIELA A.

    Soy Ciudadana, tengo 80 años, regreso a U.S.A
    despues de 3 años, en Argentina, tengo Medicare A, y quiero el B, por favor.

    • John

      ou enroll in Part B for the first time in 2021.일본야구중계

Comments are closed.