Ask Kevin: What’s the legal basis for the Part B late enrollment fee?

The following is a question submitted by a Federal Times reader to columnist Kevin Moss, a senior editor at Consumers’ Checkbook and expert on federal employee health insurance plans for civil servants, retirees and their families.

The question and response have been edited for clarity and confidentiality.

A Fed Times reader asks:

“Is the Medicare Part B late enrollment penalty statutory or regulatory?”

Kevin’s response:

The Part B late enrollment penalty can be found in the general and permanent laws of the United States, found here .

The specific location is Title 42 - The Public Health And Welfare, Chapter 7 - Social Security, Subchapter XVIII - Health Insurance For Aged and Disabled, Part B - Supplementary Medical Insurance Benefits for Aged and Disabled, Sec 1395r - Amount of Premiums for Individuals Enrolled Under This Part.

”...the monthly premium...shall be increased by 10 percent of the monthly premium so determined for each full 12 months (in the same continuous period of eligibility) in which he could have been but was not enrolled.”