The Medicare Penalties That Can Follow an Attorney for Life and How to Avoid Them

It’s easy to unknowingly make Medicare decisions that result in permanent financial penalties.  In this session, you will gain practical insight into how these penalties are triggered, including late enrollment penalties, income-related premium increases, and mistakes tied to Social Security, HSA contributions, and retirement timing.

You will also learn how to proactively avoid these issues through proper planning and informed decision-making, helping you and your clients avoid unnecessary costs and make confident Medicare decisions. 

Topics Covered:

• Medicare Part B late enrollment penalties under the Social Security Act (42 U.S.C. § 1395r), including how penalties are calculated and applied on a lifetime basis
• Medicare Part D late enrollment penalties under the Medicare Modernization Act (42 U.S.C. § 1395w-101 et seq.) and CMS implementing regulations
• Income-Related Monthly Adjustment Amount (IRMAA) determinations under the Social Security Act (42 U.S.C. § 1395r(i)) and related federal regulations
• Use of IRS-reported income for Medicare premium determinations, including coordination between the Internal Revenue Service and Social Security Administration
• Legal considerations related to large taxable events and their impact on Medicare premiums under federal tax law and SSA rules
• Social Security enrollment rules and their effect on Medicare eligibility and timing under the Social Security Act (42 U.S.C. § 402 and § 426)
• IRS regulations governing Health Savings Accounts (HSA), including contribution limitations and tax implications under Internal Revenue Code § 223
• Legal and financial risks associated with improper HSA contributions after Medicare enrollment, including potential IRS penalties
• CMS rules governing creditable coverage and the legal consequences of delayed enrollment due to COBRA or employer coverage misunderstandings under the Medicare Secondary Payer statute (42 U.S.C. § 1395y(b))