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How does the ‘hold harmless’ provision protect beneficiaries from Medicare Part B premium increases?

The "hold harmless" provision protects many Medicare beneficiaries by essentially capping Medicare Part B premiums so increases aren't higher than Social Security's Cost of Living Adjustment. | Image: Nomad_Soul /

Q: How does the “hold harmless” provision protect beneficiaries from Medicare Part B premium increases?

A: A policy known as the “hold harmless” provision protects many Medicare beneficiaries by essentially capping Medicare Part B premiums so increases aren’t higher than Social Security’s Cost of Living Adjustment (COLA).

Does the Medicare Part B premium increase each year?

When Medicare debuted in 1966, the Part B premium was $3 per month. But the Part B premium is $144.60 per month as of 2020. Although there have been some stretches of time when the premium declined from one year to the next or remained steady – 2013 through 2015, for example, when it was $104.90/month each year – it has generally increased every year.

What is the connection between Social Security benefits and Medicare premiums?

Most Medicare beneficiaries are also receiving Social Security benefits, and their Part B premiums are automatically deducted from their Social Security checks. Social Security benefits also tend to increase over time due to the Cost of Living Adjustment (COLA). 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 $3/month smaller in the second year).

To avoid that sort of scenario, there’s a provision that prevents Social Security checks from declining from one year to the next, essentially capping Medicare Part B premium increases at no more than the amount of each enrollee’s COLA. 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. (Note that the “hold harmless” provision does not apply to people who are new to Medicare, or who pay higher Part B premiums because they have high incomes.)

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.

By 2019, however, the COLA was sufficient to allow nearly all Part B enrollees to pay the standard amount for their coverage, without experiencing a drop in their net Social Security checks.

Have Social Security recipients been 'held harmless' for Part B premium increases recently?

In most years, Social Security’s COLA results in a large enough increase that higher Part B premiums can be deducted from the new payments without ending up with Social Security checks that are lower than the previous year.

For beneficiaries who are “held harmless,” and for whom the Part B increase would otherwise exceed their Social Security COLA, the Part B increase ends up being limited to the amount of the COLA. That means their full COLA is used to cover the Part B premium increase and they’ll end up with Social Security checks that are exactly the same as they were the year before.

For Medicare beneficiaries who are not “held harmless,” Part B premiums can increase by as much as is necessary to reach the standard rate for that year. This includes the following groups of people:

  • People who are new to Medicare
  • People who aren’t receiving Social Security benefits
  • People who pay higher premiums for Medicare as a result of having high incomes.

The ‘hold harmless’ provision’s impact

For 2020, the Social Security COLA was 1.6 percent, which increased the average retiree’s benefit by about $32/month. Part B premiums for most people increased slightly to $144.60/month. As was the case in prior years, some beneficiaries are again paying less because of the “hold harmless” provision.

For 2019, the Social Security COLA was 2.8 percent. The standard Part B premium increased only slightly, to $135.50/month, the COLA was more than adequate to cover the full increase for most enrollees. 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. The standard Part B premiums remained at $134/month, and the 2 percent COLA was enough to cover most of the increase (from the 2017 average premium of $109/month). Once again, the full COLA for most beneficiaries went towards the higher Part B premiums, and didn’t quite cover the full amount. So the average Medicare Part B enrollee was paying about $130/month in 2018.

For 2017, the provision meant that the 10 percent rate increase for that year (from $121.80/month to $134/month) only applied to about 30 percent of Medicare enrollees. The other 70 percent paid about $109/month (up from $104.90/month in 2016).

The 10 percent increase in Part B premiums was a smaller increase than previously projected, as CMS used “statutory authority to mitigate projected premium increases for these beneficiaries.” But the COLA that year was only 0.3 percent, which amounted to an average of just over $4/month. So average premiums for most Medicare Part B enrollees were only able to increase by about $4, to $109/month.

Exact premiums varied based on how much a beneficiary was receiving in Social Security. The 0.3 percent COLA applied to all Social Security recipients, but those with larger Social Security checks had a COLA increase that had a dollar amount greater than $4. For those folks, Medicare Part B premiums were higher than $109/month in 2017 — the only requirement was that their Social Security checks couldn’t be lower than they were in 2016.

For beneficiaries who were not “held harmless” for 2016, premiums for Part B increased by about 16 percent over 2015 rates (which was substantially lower than the 52 percent increase that would have taken effect if Congress hadn’t taken action in late 2015 to prevent it).

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. 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. She has written dozens of opinions and educational pieces about the Affordable Care Act for Her state health exchange updates are regularly cited by media who cover health reform and by other health insurance experts.

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Larry Schaefer
2 years ago

I am still working in my company. With a monthly salary. Which include BCBS health insurance. I will be 65 in April. I do not plan to retire till age 68-70. I’m in good health for my age. So my question is should I enroll into part A and B now and drop my BCBS even though I’m not drawing on my SS yet?

Josh Schultz
2 years ago
Reply to  Larry Schaefer

Generally, people prefer employer-provided health insurance to Medicare coverage. But your mileage will vary. Whether to take Medicare instead will hinge on the costs of Medicare Parts A, B and D, and any supplemental coverage. That said, if your employer has less than 20 employees you’ll need to enroll in Medicare, as it will be the primary payer for your insurance coverage.

Josh Schultz
2 years ago
Reply to  Larry Schaefer

You’ll want to look at what you’re paying now for your employment-based medical insurance, and compare that with the costs of Medicare (and the likely addition of Medicare supplemental and prescription drug coverage). Most times people find coverage through their employer to be more affordable. That said, if your company is small (fewer than 20 employees), you need to take Medicare Part B because Medicare will be considered your primary insurance coverage.

Carl Amrein
2 years ago

With a 1 time significant income increase from cashing IRA’s monies needed to enter a Continuing Care Independent Living Community, can I obtain a release from the large increase in my Medicare Part B premium for that effected year.

Josh Schultz
2 years ago
Reply to  Carl Amrein

This is not one of the reasons for which SSA says it’ll grant an exception, but check out the list and see if something else may qualify you. In the end, it doesn’t hurt to try:

steve hymers
2 years ago

My monthly social security spousal benefit ($76) is less than my 2020 part B medicare premium ($144) yet I have to pay the increase in difference every year to Medicare. They bill annually so that is an extra $100 compared to 2019. I have had social security benefit and medicare since 2017 and I am not high income. Why am I not covered by “hold harmless” ?

1 year ago
Reply to  steve hymers

Because ,I have told, we do not receive a check. If we received .01 cent over the med. be premium they would send us a check and then we would be covered. After the first year. I think this is not what was originally intended when hold harmless started . SeeCFR sec. 480.20

1 year ago
Reply to  Greg

Unfortunately, the hold harmless provision does not apply if your benefit amount isn’t enough to cover the Part B premium.

Patricia I Lucious
1 year ago

I’m 65 living on a fixed income of $803
.00 which is the only requirement needed to get QMB. SO WHAT THE PROBLEM IS ?

1 year ago

Hi Patricia,

What state do you live in? Yours might also have an asset test. In order to receive QMB, you have to apply for it. Have you done that?

1 year ago

My brother who is 80 years old. Never signed upfor Medicare Part B. He has now been diagnosed with Dementia and Schizophrenia. He has always shown to have had schizophneia his entire life. No one helped him with his decisions in life and I am sure he had no idea there was anything as medicare part B.Since he could function enough to work small jobs and live in a trailer. Now he really needs to have coverage and I just found out he has no insurance at all. Is there anyway he could get this 10% for 15 years waived?Or where can I go to get him insurance coverage? He does have a small amount of money but now with his medical bills that will be gone soon.

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