Medicare · Little Rock, Arkansas

The Part B Late Enrollment Penalty Is Permanent. Here Is Who Actually Gets Hit.

Ten percent for every full year you could have enrolled and did not, added to your premium for as long as you have Part B. Most people who get it were relying on coverage they were told would protect them.

Last reviewed by Lancaster Cook, Arkansas license #8021079. Enrollment dates and program rules are verified against Medicare.gov and HealthCare.gov at each review.

How the number works

Medicare adds 10% to your Part B premium for each full 12-month period you could have had Part B and did not. Two full years late is 20% on top of the standard premium. Five years late is 50%.

Two details matter more than the formula. First, only complete twelve-month blocks count, so eleven months late costs nothing and thirteen months costs a full 10%. Second, the penalty is not a fee you clear. It is attached to your premium for as long as you hold Part B, and because it is calculated as a percentage of the current standard premium, the dollar amount climbs every year that the premium does. A penalty taken on at 67 is still being paid at 89, and it is larger then.

What protects you, and what only looks like it does

The rule is narrower than most people assume. Coverage protects you from the Part B penalty only if it comes from current employment, yours or your spouse's, at an employer with 20 or more employees. That is the whole list.

Which types of coverage protect against the Part B late enrollment penalty
CoverageProtects you from the Part B penalty?
Group plan through current employment, 20+ employeesYes
Group plan through current employment, fewer than 20 employeesNo. Medicare is primary at 65 regardless
COBRANo
Retiree coverage from a former employerNo
VA health careNo for Part B. Yes for Part D
TRICARE for LifeNo. It requires Part B to keep working
ACA marketplace plan from HealthCare.govNo
A spouse's plan through their current job, 20+ employeesYes

The three ways people actually get caught

In practice almost every penalty traces back to one of these.

Retiring at 65 and electing COBRA

This is the most common one by a wide margin. Someone retires, elects eighteen months of COBRA because the plan is familiar and the doctors are in network, and treats it as continuous coverage. It is not. The day the job ended, the coverage stopped being current employer coverage. The eight-month Special Enrollment Period for Part B started running that same day, and it runs on employment ending, not on COBRA ending. Eighteen months of COBRA outlasts the window by ten months, and the penalty starts accruing in the gap.

If you are retiring at or after 65, enroll in Part B at retirement. Not when COBRA runs out. You can still keep COBRA alongside Medicare if you want the network, but Part B needs to start on time.

Veterans relying on the VA

Central Arkansas has a large veteran population and a VA hospital in Little Rock that many people are perfectly happy with. The distinction that catches them is that VA coverage is creditable for Part D and is not creditable for Part B. A veteran who uses VA pharmacy benefits is genuinely protected from the drug penalty. That same veteran, skipping Part B, has been accruing the Part B penalty the entire time.

It stays invisible until it matters. Someone needs a procedure the VA does not offer locally, or wants to see a cardiologist at Baptist Health, or moves away from a VA facility, and only then discovers that picking up Part B now means a permanent surcharge and a wait until the next General Enrollment Period. If you are a veteran turning 65, take Part B even if you intend to use the VA for everything. Treat it as the thing that keeps your options open.

Staying on a marketplace plan past 65

A marketplace plan does not delay anything. Worse, once you are eligible for premium-free Part A, your eligibility for marketplace subsidies generally ends, so people in this situation are often paying full price for a plan while a Medicare penalty accrues behind it. If you are on a HealthCare.gov plan and approaching 65, this needs attention several months before your birthday, not after.

If the window is already gone

Enrollment happens during the General Enrollment Period, January 1 through March 31. Coverage starts the month after you sign up, which is better than the old rule where you waited until July, but it still means a gap if you are uncovered in the meantime.

Before you accept that, check whether a Special Enrollment Period applies. They exist for losing employer coverage, losing Medicaid, being given bad information by a plan or a federal employee, emergencies and disasters declared by government, and release from incarceration. A Special Enrollment Period avoids the penalty entirely, so it is worth ten minutes of checking before resigning yourself to the General Enrollment Period.

Getting a penalty removed

There is one real route, and it is called equitable relief. If you delayed Part B because a federal employee or a health plan told you something incorrect, you can ask Social Security to waive the penalty and backdate your enrollment. It is a written request with supporting documentation rather than a form appeal, and it is decided case by case.

Two things make it work: something in writing, and specifics. A letter from an HR department stating that you were told your retiree plan was creditable carries weight. A recollection of a phone call in 2019 usually does not. Keep whatever you have, submit it to your local Social Security office, and understand that the answer may be no. It is still worth doing, because the alternative is a surcharge you pay for the rest of your life.

If you are not sure where you stand, that is a short conversation. Lancaster Cook is an independent agent in Little Rock, AHIP certified, Arkansas license #8021079, and reviewing your enrollment history costs nothing.

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Questions about the Part B penalty

An extra 10% on your standard Part B premium for each full 12-month period you were eligible for Part B and did not enroll. Two full years late is 20%, three is 30%. Partial years do not count, so being eleven months late adds nothing while being twelve months late adds 10%.

For as long as you have Part B, which for most people means the rest of their life. It is recalculated each year against the current standard premium, so the dollar amount grows as the premium grows. It is not a one-time late fee and it does not fall off after a set number of years.

No, and this is the single most common way people end up with a penalty. Only coverage through current employment counts. The moment you stop working, your coverage stops being current employer coverage even if you keep paying for it through COBRA. Retiree coverage does not count either. If you retire at or after 65, enroll in Part B at retirement rather than waiting for COBRA to run out.

No. VA health care is creditable for Part D drug coverage, so a veteran using VA pharmacy benefits is protected from the Part D penalty. It does not protect you from the Part B penalty. Veterans in central Arkansas who rely on the VA hospital in Little Rock and skip Part B accrue the penalty the entire time, and they usually find out years later when they want care outside the VA system.

No. A HealthCare.gov plan is not employer coverage and does not delay your Medicare obligation. Once you are eligible for Medicare, marketplace subsidies generally end as well, so staying on a marketplace plan past 65 usually means paying full price for coverage that is also accruing a Medicare penalty.

Sometimes, through a Social Security process called equitable relief. It applies when you can show you delayed enrollment because a federal employee or a plan gave you wrong information. It is a written request to Social Security with documentation, not an automatic appeal, and it is granted case by case. It is worth pursuing if you were genuinely misinformed and can show it.

The General Enrollment Period runs January 1 to March 31 every year. Coverage starts the month after you sign up. If you qualify for a Special Enrollment Period, use that instead, because it avoids the penalty entirely.

Think you might already be accruing a penalty?

Bring the dates and the coverage you have had since 65. Lancaster Cook will tell you where you stand and whether equitable relief is worth pursuing. No cost, no obligation.

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