How Often Does Medicare Back Date Part A Start Date?

TN_agent

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How often does this occur?

Is this scenario possible, or is my client mistaken? This one is a doozy, bear with me.

I have a person whose birthdate is August 1950. In fall 2015 during Obamacare open enrollment, the beneficiary and his under-65 wife told me he was not eligible for premium-free Medicare due to not having enough work quarters in (probably worked under the table his whole life basically), so in fall of 2015 I put them on a 2016 marketplace plan with subsidy. He is working a W2 job now and they file taxes.

During the 2016 application process, the government did not show that he was covered by Medicare, did not ask for proof or anything. I know they had this capability at this point in time, so he truly was not eligible for (free) part A at the time of their 2016 application in late November 2015.

Fast forward to December 2016 . I previously had called them in November and said that everything would automatically re-enroll if nothing had changed, if something changes call me. They do call me back in December (after the 7th which will become pertinent in a minute), to tell me they have moved and have a new dependent for 2017 (adult child). Also he is now drawing social security. That sends off an alarm bell for me because drawing social security usually means you have enough quarters in to get premium-free A.

Well, something else had changed during 2016, but they didn't think to call me at the time (of course). He has become eligible for premium-free part A Medicare. Oh, and they turned down Part B of course because it was too expensive compared to Obamacare. I asked when did he go onto Medicare, because now the clock is ticking on the Part D and he needs to get off of his (HIGHLY subsidized) marketplace coverage. They tell me in they went down to the office in August or September. I have them come to my office and bring his card, thinking if it was September, at least we can get him on the drug plan.

So, I have them come into my office and bring his card. It says December 2015 is his part A start date. Aye carumba. But they say they don't understand it, because they didn't get notification of his having worked enough quarters or even being able to draw social security until summer 2016. He didn't receive the card until August, it just had a 12/1/2015 date on it.

This now means that 100% of his 2016 subsidy has to be paid back, and also that he is out of open enrollment for a Part D or MAPD (but can't even get the MAPD because he has to wait until General Enrollment for a 7/1/2017 Part B start date).

Can Medicare have back dated from August 2016 back to December 2015?? I assume that when he filed his 2015 taxes, he then had enough quarters in?? I can't believe they would back date it 9 months though. He is saying he definitely didn't decline the B until August.
 
I think you're missing a piece of the puzzle. I can find the CMS rule if citation is needed, but Part A can't be backdated more than 6 months.
 
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He applied earlier than he remembers.

"Understanding the Rules for People Age 65 or Older

An individual who is receiving monthly Social Security or RRB benefits at least 4 months prior to turning age 65 does not need to file a separate application to become entitled to premium-free Part A. In this case, the individual will get Part A automatically at age 65.

An individual who is not receiving monthly Social Security or RRB benefits must file an application for Medicare by contacting the Social Security Administration.

Part A coverage begins the month the individual turns age 65, provided he or she files an application for Part A (or for Social Security or RRB benefits) within 6 months of the month in which he or she becomes age 65. If the application is filed more than 6 months after turning age 65, Part A coverage will be retroactive for 6 months."
https://www.cms.gov/medicare/eligibility-and-enrollment/origmedicarepartabeligenrol/index.html
 
He applied earlier than he remembers.

"Understanding the Rules for People Age 65 or Older

An individual who is receiving monthly Social Security or RRB benefits at least 4 months prior to turning age 65 does not need to file a separate application to become entitled to premium-free Part A. In this case, the individual will get Part A automatically at age 65.

An individual who is not receiving monthly Social Security or RRB benefits must file an application for Medicare by contacting the Social Security Administration.

Part A coverage begins the month the individual turns age 65, provided he or she files an application for Part A (or for Social Security or RRB benefits) within 6 months of the month in which he or she becomes age 65. If the application is filed more than 6 months after turning age 65, Part A coverage will be retroactive for 6 months."
https://www.cms.gov/medicare/eligibility-and-enrollment/origmedicarepartabeligenrol/index.html

And that is probably a bingo. Thank you for the missing piece of the puzzle. Betting they filed 2015 taxes, he had enough quarters and they applied for the social security some time in April/May time frame and was auto enrolled into part A retro 6 months.

But, when they do this (let's just assume they don't have any other drug coverage) , how is the person supposed to get enrolled onto part D coverage??They are out of IEP immediately. Am I missing something?

Also, can I get this man on a PDP now using loss of ACA plan (even though "voluntary"). I didn't think I could because it wasn't a group plan, but I don't know all the ins and outs of these weird cases.

Can he apply for extra help now (which he will qualify for based on their income), then enroll in PDP as soon as approved? He is aware he has to wait until July 1 for Part B and has to take the paperwork down before March 31. Then we can use ICEP in May or June for an MAPD effective July 1, right? Right now he has no drug coverage.
 
And that is probably a bingo. Thank you for the missing piece of the puzzle. Betting they filed 2015 taxes, he had enough quarters and they applied for the social security some time in April/May time frame and was auto enrolled into part A retro 6 months.

But, when they do this (let's just assume they don't have any other drug coverage) , how is the person supposed to get enrolled onto part D coverage??They are out of IEP immediately. Am I missing something?

Also, can I get this man on a PDP now using loss of ACA plan (even though "voluntary"). I didn't think I could because it wasn't a group plan, but I don't know all the ins and outs of these weird cases.

Can he apply for extra help now (which he will qualify for based on their income), then enroll in PDP as soon as approved? He is aware he has to wait until July 1 for Part B and has to take the paperwork down before March 31. Then we can use ICEP in May or June for an MAPD effective July 1, right? Right now he has no drug coverage.

A person generally has 3 Medicare entitlement dates -- Part A, Part B, and Part D. Yes, Part D gets its own date even if not enrolled into a Part D plan (MAPD or PDP). I'm not in the mood to go back to your client, so I'll come up with an example. Let's say a person applies for Medicare in July. Part A is backdated to Jan 1. Part D can't be backdated and CMS should give that a date of Aug 1 (first month after the app was submitted). So based on this Part D date of Aug 1 he has an IEP from May 1 to Nov 30.

Your guy likely missed out on his IEP based on Part D. To the SEP mobile, Robin!
 
I have been pleasantly surprised by the SEP's given for LOC which is really voluntary. Too high priced retiree plan dropped was OK'd for PDP. Yes, that was group, but still, worth a try for this one. Get the name/date of any company personnel who say OK, JIC.
 
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