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Navigating the waters of Medicare enrollment periods can be challenging, especially when circumstances fall outside the usual Initial Enrollment Period (IEP) and General Enrollment Period (GEP). Fortunately, the Special Enrollment Period (SEP) for Medicare Part B offers a lifeline for those who qualify, allowing enrollment at times other than the standard enrollment windows. Understanding the conditions under which one might be eligible for an SEP is crucial, particularly for individuals whose eligibility is tied to age or disability, but not End-Stage Renal Disease. Eligibility hinges on several factors, including prior enrollment in Medicare Part B or an employer group health plan at the time of Medicare eligibility, continuous coverage under Medicare Part B or a group health plan based on current employment since becoming eligible for Medicare, and avoiding lapses in coverage extending beyond eight consecutive months. The process to apply for an SEP involves contacting the Social Security Administration, completing the specified forms (CMS 40B and CMS L564), and providing proof of continuous group health plan coverage based on current employment. Challenges may arise in documenting continuous coverage, particularly when previous employers are unable to complete the necessary forms due to various reasons such as closure or inadequate records. Nevertheless, alternative documentation can often be sourced with the help of resources like the Medicare Rights Center. Understanding these nuances, fulfilling the eligibility criteria, and navigating the application process are essential steps in securing Medicare coverage through an SEP.

Preview - Part B Special Enrollment Form

Medicare Part B Special Enrollment Period

What is a Special Enrollment Period?

Under Medicare law, a Special Enrollment Period (SEP) allows you to enroll in Medicare Part B outside of your Initial Enrollment Period (IEP) and the General Enrollment Period (GEP). If you meet the eligibility criteria and the Social Security Administration grants you an SEP, your Medicare coverage will either be effective on the first of the month that you enroll, or on the first of the following month, depending on your specific situation.* SEPs do not allow you to enroll in Medicare retroactively.

Who is eligible for a Part B SEP?

To be eligible for an SEP to enroll into Part B you must answer YES to ALL of the following three questions:

1.Are you eligible for Medicare due to age or disability? (If you are eligible due to End-Stage Renal Disease, you are not entitled to an SEP.)

2.When you first became eligible for Medicare, were you enrolled in either Medicare Part B or an employer group health plan based on your current employment or the current employment of a spouse or other family** member? (If you did not have any health coverage or you had only retiree coverage or COBRA when you first became eligible for Medicare, you are not entitled to an SEP.)

3.Have you been continuously covered either by Medicare Part B or by a group health plan based on your current employment or the current employment of a spouse or other family** member from the

time you became eligible for Medicare until now, with no more than eight consecutive months of lapses in coverage? (A “lapse” in coverage is defined as a period of time when you have neither

Medicare Part B nor group health coverage based on current employment. For example, if you only had COBRA or retiree coverage at any time since you became eligible for Medicare, this is considered a lapse in coverage. If your lapse in coverage exceeded eight consecutive months, then you are not eligible for an SEP.)

If you answered YES to all three questions above, then you are usually eligible for an SEP.

If you answered NO to any of the above questions, you are not eligible for an SEP and may have to wait for the next General Enrollment Period to enroll in Medicare Part B. There may be other ways you can enroll in Medicare Part B outside of an enrollment period, for example, if you qualify for Equitable Relief or a Medicare Savings Program.

© 2012 Medicare Rights Center

Helpline: 800-333-4114

www.medicareinteractive.org

How can I obtain a Part B SEP?

To obtain an SEP to enroll into Part B, contact the Social Security Administration (SSA) at

800-772-1213 and request the following two forms:

CMS 40B (Application for Enrollment in Medicare)

CMS L564 (Request for Employment Information)

Fill out and sign form CMS 40B and have your employer (or your spouse or family member’s employer) fill out form CMS L564. Once complete, bring both forms with an accompanying cover letter to your local Social Security office. (See the attached Part B SEP cover letter for assistance.)

If you, your spouse or family member** have had coverage based on current employment from multiple employers since you became eligible for Medicare, then you should request several copies of form CMS L564 and ask each employer to fill it out.

The purpose of this form is to provide documentation to Social Security that proves that you’ve been continuously covered by a group health plan based on current employment, with no more than eight consecutive months of lapses in coverage.

There may be times when your former employer will be unable to fill out this form. For example, an employer may have gone out of business or may not have adequate records. If you are not able to get previous employers to fill out form L564, contact the Medicare Rights Center for information on how to obtain alternative documents to prove continuous coverage.

Once your have obtained all the needed documents, be sure to make copies of everything you submit to SSA. When submitting your documents, get a receipt from an SSA office representative indicating the date you submitted the documents.

You will receive a letter in the mail from SSA either approving or denying your enrollment. If you are denied enrollment, you will have the right to appeal this decision.

*If you request an SEP while you are covered by a group health plan based on current employment or within a month after you lose your group health plan based on current employment, you can delay your Part B start date for up to three months.

**If you qualify for Medicare based on disability and you have a group health plan from a family member other than your spouse, you are only eligible for an SEP if there are 100 or more people employed by the company. If the company employs fewer than 100 people, family members other than spouses are not eligible for the SEP.

© 2012 Medicare Rights Center

Helpline: 800-333-4114

www.medicareinteractive.org

Sample Letter to SSA for Medicare Part B

Special Enrollment Period

[Date]

Social Security Administration

[Address of local office]

Re: Medicare Part B Special Enrollment Period

Beneficiary: [Name]

SSN: [Social Security Number]

To whom it may concern,

I am submitting my application for enrollment into Medicare Part B and am requesting that my Part B benefit become effective on ______________. Enclosed please find my completed

Application for Enrollment into Medicare (CMS-40B) and Request for Employment Information form (CMS-L564).

I am eligible for a Special Enrollment Period (SEP) because I meet the following requirements:

I became eligible for Medicare on (month)____________ , (year)__________ due to [age]

[disability]. Since that time, I have never had more than 8 consecutive months of lapses in coverage from either Medicare or from a group health plan based on [my] [my spouse’s] [my family member’s]

current employment.

In addition to meeting the above criteria:

Check one:

I am currently covered by [my] [my spouse’s] [my family member’s] group health plan or large group health plan based on current employment

OR

I am not currently covered by a group health plan or large group health plan based on current employment at this time. However, I was covered by [my] [my spouse’s] [my family member’s] employer group health plan based on current employment within the last 8 months. I lost my employer group plan based on current employment on (month)____________

(year)_____________.

© 2012 Medicare Rights Center

Helpline: 800-333-4114

www.medicareinteractive.org

According to Social Security’s Program Operations Manual section HI 00805.275 SEP Enrollments:

Beginning 3/95, individuals who are age 65 and over or disabled, can enroll (or reenroll) in SMI and/or Premium-HI:

during any month (including a partial month) in which he/she is enrolled in a GHP or LGHP (as defined in HI 00805.266A.) based on current employment status, or

in any of the 8 consecutive months following the last month during any part of which the individual was enrolled in the GHP based on current employment status.

Additionally, HI 00805.275(G) states that lapses in Part B and/or GHP coverage from current employer do not disqualify me for a special enrollment period, as long as I did not have a lapse in coverage for more than 8 consecutive:

The SEP provisions permit an 8-month period after the month GHP/LGHP coverage based on current employment status ends to enroll in SMI (or Premium-HI). Therefore, when employment or GHP/LGHP coverage ends, but before the 8-month period expires, a beneficiary is once again covered under a GHP or LGHP based on current employment status, the SEP is deemed not to have occurred. This protects the individual's rights to an SEP or to a subsequent SEP.

Furthermore, according to POMs GN 03101.070, my request for an SEP into Medicare Part B is a request for an initial determination and is therefore subject to administrative and judicial review. Consequently, I will receive a formal decision letter from SSA that outlines my rights to appeal if I am denied enrollment into Medicare.

Thank you in advance for your attention to this matter.

Sincerely,

[Your name]

[Your title]

Attachments: [list any attachments]

© 2012 Medicare Rights Center

Helpline: 800-333-4114

www.medicareinteractive.org

Form Data

Fact Name Description
Definition of SEP A Special Enrollment Period (SEP) allows enrollment in Medicare Part B outside the Initial and General Enrollment Periods, under specific conditions.
Eligibility Criteria To be eligible for an SEP, individuals must be eligible for Medicare, were covered by Medicare Part B or a group health plan when first eligible, and have maintained continuous coverage.
SEP Enrollment Timing Enrollment during SEP becomes effective either the month of enrollment or the following month, based on specific scenarios.
Exclusion of Coverage Types Individuals with only COBRA or retiree coverage during their initial eligibility are not entitled to an SEP.
Application Process To apply, contact the Social Security Administration for CMS 40B and CMS L564 forms, complete them, and submit with a cover letter to a local SSA office.
Governing Laws and Regulations The SEP policy is guided by the Social Security’s Program Operations Manual, specifically sections HI 00805.275 for SEP enrollments and GN 03101.070 for administrative and judicial review.
Rights to Appeal If denied enrollment during SEP, individuals have the right to appeal, with the decision and rights explained in a formal letter from SSA.

Instructions on Utilizing Part B Special Enrollment

Filling out the Part B Special Enrollment (SEP) form is a crucial step for those eligible to enroll in Medicare Part B outside the typical enrollment periods due to specific conditions such as continuous employment or having coverage through an employer's group health plan. This process involves precise documentation and careful communication with the Social Security Administration (SSA) to ensure that your application is successful. Below are detailed instructions to guide you through this process effectively.

  1. Contact the Social Security Administration at 800-772-1213 to request the CMS 40B (Application for Enrollment in Medicare) and CMS L564 (Request for Employment Information) forms.
  2. Complete the CMS 40B form, ensuring all your personal information is accurate and clearly legible. This form serves as your official request to enroll in Medicare Part B.
  3. Have your employer, or if applicable, your spouse or family member’s employer, complete the CMS L564 form. This form verifies your (or your spouse/family member’s) current employment and group health plan coverage, which is a requirement for the SEP.
  4. If you have had coverage based on current employment from multiple employers since becoming eligible for Medicare, obtain and complete additional copies of form CMS L564 for each employer.
  5. Prepare a cover letter to accompany your forms. This letter should reference your eligibility for the SEP, providing clear details of your current or previous employment and coverage. Use the attached sample letter as a template and customize it with your specific information.
  6. Gather all documents, including your completed CMS 40B, CMS L564 form(s), and cover letter. Make copies of everything for your records.
  7. Submit the documents in person at your local Social Security office. When submitting, obtain a receipt that details the date of submission. This receipt will be an important part of your records, confirming that you have indeed initiated the SEP application process.
  8. Wait for a formal decision letter from SSA. This letter will inform you if your enrollment is approved or denied. Should your application be denied, this letter will also outline your rights to appeal the decision.

It's important to stay organized and ensure that all forms and documentation are filled out thoroughly and accurately. Any lapse in coverage or incorrect information can delay or affect your eligibility for the SEP. Keeping copies of all communications and submissions will help you track your application's progress and serve as evidence of your efforts to enroll in Medicare Part B during a Special Enrollment Period.

Obtain Answers on Part B Special Enrollment

  1. What exactly is a Special Enrollment Period (SEP) for Medicare Part B?

    Under Medicare regulations, a Special Enrollment Period (SEP) allows individuals the opportunity to enroll in Medicare Part B outside the usual Initial Enrollment Period (IEP) and the General Enrollment Period (GEP). If the Social Security Administration approves an SEP for you, your Medicare coverage will typically start either the first of the month you enroll or the next month, depending on your unique situation. Importantly, SEPs do not allow retroactive enrollment in Medicare.

  2. Who qualifies for a Part B SEP?

    To be eligible for a SEP for Medicare Part B, you must meet three critical criteria:

    • Your eligibility for Medicare is due to age or disability (not applicable for End-Stage Renal Disease).
    • At the time you initially qualified for Medicare, you were covered under Medicare Part B or an employer group health plan based on your, your spouse's, or another family member's current employment.
    • Since becoming eligible for Medicare, you've had continuous coverage through either Medicare Part B or a group health plan associated with current employment, without more than eight consecutive months without coverage.
    If you answer YES to all the above, you’re likely eligible for a SEP. If not, you might have to wait for the General Enrollment Period or explore other enrollment avenues such as Equitable Relief or a Medicare Savings Program.

  3. How can I obtain a Part B SEP?

    To obtain a SEP for enrolling in Part B, you must contact the Social Security Administration at 800-772-1213 and request two forms: CMS 40B (Application for Enrollment in Medicare) and CMS L564 (Request for Employment Information). The CMS 40B form must be filled out by you, and the CMS L564 needs to be completed by your (or your spouse/family member’s) employer. These forms, along with a cover letter, should then be submitted to your local Social Security office. Should you have coverage from multiple employers since becoming eligible for Medicare, multiple copies of form CMS L564 are necessary. In cases where obtaining a form from a previous employer is impossible, alternative documentation of continuous coverage might be accepted.

  4. What happens after submitting the documents for a Part B SEP?

    After submitting your documents to Social Security, ensure you receive a receipt as proof of submission, which will note the date. A formal decision letter from the SSA will follow, informing you of either approval or denial of your enrollment. If your application is denied, you possess the right to appeal the decision. Remember, the timing of your SEP can influence when your Part B coverage begins, potentially allowing up to a three-month delay in the start date if you apply while covered by a group health plan or within one month after losing it.

Common mistakes

    Here are five common mistakes people make when filling out the Part B Special Enrollment form:

  1. Not confirming eligibility criteria: Applicants often fail to ensure they meet all three eligibility criteria for the Special Enrollment Period (SEP). This oversight can lead to denial. Specifically, they need to confirm they are eligible for Medicare due to age or disability, were covered under Medicare Part B or a group health plan when first eligible, and have been continuously covered with no more than eight consecutive months of lapse in coverage.
  2. Incorrect documentation: A critical mistake is submitting incorrect or incomplete forms. The required forms include the CMS 40B and the CMS L564. The former is the application for enrollment in Medicare, while the latter is a request for employment information that must be filled out by the current or past employer to prove group health plan coverage based on current employment.
  3. Lacking continuity proof: One must provide proof of continuous coverage either by Medicare Part B or a group health plan since becoming eligible for Medicare, without exceeding eight consecutive months of lapses in coverage. Failing to provide this proof, or providing incomplete history, significantly affects the application’s success.
  4. Delaying submission: Applicants often wait too long to submit their forms after losing group health plan coverage based on current employment. The SEP allows for enrollment within eight months following the end of such coverage. Delays beyond this period can result in denied enrollment.
  5. Not obtaining or failing to keep a submission receipt: When submitting the application and supporting documents to the Social Security Administration, it's imperative to obtain and keep a receipt. This receipt is the only proof of submission. Failing to secure this receipt can result in a lack of evidence for submission if the documents are lost or processing delays occur, complicating the enrollment process and eligibility confirmation.

Documents used along the form

When applying for a Medicare Part B Special Enrollment Period (SEP), it’s crucial to understand and prepare the necessary forms and documents required for this process. While the Part B Special Enrollment form is primary, there are other forms and documents often required to support an application, ensuring a smoother and more efficient enrollment process.

  • CMS 40B (Application for Enrollment in Medicare Part B): This form is the official application for enrolling in Medicare Part B. It is required to initiate the enrollment process during a Special Enrollment Period.
  • CMS L564 (Request for Employment Information): This document is used to verify employment and group health plan coverage necessary to qualify for a Part B SEP. It must be completed by the applicant's or their spouse's employer.
  • Proof of Current Employment: Documents such as recent pay stubs or a letter from an employer that verify current employment status can be necessary to prove eligibility for SEP based on employment-related group health plan coverage.
  • Proof of Group Health Plan Coverage: Insurance cards, benefits statements, or letters from the health plan can serve as proof of current or previous coverage under a group health plan.
  • Proof of Loss of Coverage: If the SEP is due to loss of group health plan coverage, documents such as a termination notice from the health plan or a letter from the employer stating the end date of coverage are needed.
  • Medicare Card: In cases where the applicant is already enrolled in Medicare Part A, the Medicare card will need to be provided to verify existing Medicare enrollment.
  • Social Security Card: A social security card may be required for identification purposes and to verify the applicant's Social Security number.
  • Photo ID: A government-issued photo ID, like a driver’s license or passport, is often required for identity verification during the enrollment process.
  • Power of Attorney Form (if applicable): If someone is applying on behalf of the Medicare beneficiary, a power of attorney document may be needed to prove their authority to act on the beneficiary’s behalf.

Compiling these forms and documents beforehand can help ensure that the enrollment process for the Medicare Part B Special Enrollment Period is as smooth and hurdle-free as possible. By understanding each document’s function and necessity, applicants can better prepare for the enrollment process, reducing the likelihood of delays or complications. It's essential to reach out to relevant institutions or professionals for assistance in obtaining these documents when necessary.

Similar forms

  • The Application for Disability Insurance Benefits (SSA-16) is similar to the Part B Special Enrollment form in that both are used to access benefits provided by the Social Security Administration (SSA). They necessitate the provision of personal and eligibility information to confirm the applicant meets certain criteria.

  • The Application for Supplemental Security Income (SSI) (SSA-8000-BK) shares similarities with the Part B Special Enrollment form in that applicants must provide detailed personal, financial, and eligibility information to a federal agency to receive benefits designed for specific needs.

  • The Health Insurance Marketplace Enrollment form, like the Part B Special Enrollment form, is utilized to enroll in health-related coverage. Both require information on existing health coverage and may include special circumstances that affect eligibility or enrollment periods.

  • CHIP (Children's Health Insurance Program) Application resembles the Part B Special Enrollment form because it is used to apply for health insurance benefits for individuals meeting certain criteria. Both forms facilitate coverage based on eligibility requirements and coverage needs.

  • Medicaid Application forms are akin to the Part B Special Enrollment form, serving to connect eligible individuals with government-provided health benefits. They assess eligibility based on a range of criteria, including income, employment status, and other health coverage.

  • The Request for Employment Information (CMS L564) form is closely related to the Part B Special Enrollment form as it is often required in conjunction with it. The CMS L564 provides evidence of health coverage based on current employment, a crucial component of the SEP eligibility.

  • Application for Enrollment in Medicare (CMS 40B) is directly associated with the Part B Special Enrollment form since it is the primary application form for Medicare Part B enrollment. Completing CMS 40B is a necessary step in the process facilitated by the SEP documentation.

  • The Appeal Request Form for Medicare decisions bears similarity to the Special Enrollment Period process, as both involve structured communication with the SSA or CMS. Applicants can contest decisions, requesting a reevaluation of their eligibility or coverage determination.

  • COBRA Election Notice is comparable to the Part B Special Enrollment form. Individuals losing employer-sponsored health coverage can use COBRA for temporary extension of coverage, and those qualifying for SEP can transition to Medicare Part B without penalty, needing to understand the timelines and requirements for both.

  • The Request for a Certificate of Creditable Coverage form is similar to the Part B Special Enrollment form, as it helps prove prior health coverage, which is essential for avoiding penalties and determining eligibility for SEP in Medicare Part B enrollment.

Dos and Don'ts

When filling out the Part B Special Enrollment (SEP) form, it’s crucial to ensure accuracy and completeness to facilitate a smooth enrollment process into Medicare Part B. Below are some key dos and don'ts to consider:

Do:

  1. Ensure eligibility by answering YES to all the eligibility questions related to Medicare Part B SEP, including being eligible for Medicare, having been enrolled in Medicare Part B or an employer group health plan at initial eligibility, and having continuous coverage with no more than eight consecutive months of lapse.
  2. Contact the Social Security Administration (SSA) at 800-772-1213 to request the necessary forms, CMS 40B and CMS L564, for SEP enrollment.
  3. Complete the form CMS 40B accurately and have your (or your spouse or family member’s) employer fill out form CMS L564 to document continuous coverage based on current employment.
  4. Make copies of all documents submitted to SSA and obtain a receipt from the SSA office representative indicating the date of submission.

Don't:

  • Assume eligibility without verifying against the SEP eligibility criteria. It’s important to confirm that you meet all requirements before proceeding.
  • Delay in submitting the enrollment forms beyond the Special Enrollment Period. Timely submission is essential to avoid being required to wait for the General Enrollment Period.
  • Submit incomplete forms. Both CMS 40B and CMS L564 must be fully and accurately completed to avoid processing delays or denial of enrollment.
  • Forget to keep records of all communications and submissions to SSA. Documentation of all steps taken during the enrollment process can be crucial in case of discrepancies or appeals.

Misconceptions

Understanding the Medicare Part B Special Enrollment Period (SEP) is crucial for those navigating their Medicare options. However, several misconceptions exist about the process and the requirements. Clarifying these can help eligible individuals make informed decisions.

Misconception 1: SEPs Allow for Retroactive Enrollment

Many believe that a Special Enrollment Period permits retroactive enrollment in Medicare Part B, allowing individuals to sign up for coverage that starts before the date of their application. This is not the case. The SEP's start date for coverage is determined either by the month of enrollment or the following month, depending on specific circumstances, but retroactive coverage is not an option.

Misconception 2: All Forms of Prior Healthcare Count Towards SEP Eligibility

Another common misconception is that any form of previous healthcare coverage, such as retiree coverage or COBRA, qualifies an individual for an SEP. Eligibility for an SEP, however, requires that you were covered by Medicare Part B or a group health plan based on current employment, or the current employment of a spouse or other family member. Coverage such as COBRA or retiree health plans does not qualify for SEP consideration.

Misconception 3: You Can Only Get One SEP

It's often thought that an individual is only granted a single Special Enrollment Period. In reality, eligibility for an SEP is assessed based on current circumstances. If you meet the eligibility criteria, such as loss of group health coverage based on current employment, you may qualify for an SEP again.

Misconception 4: SEP Enrollment Is Automatic

Some believe that enrollment during an SEP is automatic upon losing health coverage or other qualifying events. In truth, individuals must actively apply for Part B coverage by contacting the Social Security Administration and submitting the necessary forms and documentation to be granted an SEP. It is not an automatic process.

Misconception 5: Large Employer Size Is a Requirement for All

There's a belief that SEPs are only available to those employed by large companies. While it is true that individuals qualifying for Medicare based on disability and covered under a family member's group health plan need the company to employ at least 100 people, this requirement does not apply universally. For most, eligibility is determined by whether you are enrolled in a group health plan based on current employment, not by the size of the employer.

Correcting these misunderstandings is key to navigating Medicare Part B enrollment effectively. Individuals are encouraged to seek accurate information and reach out to the Social Security Administration for assistance with their SEP, ensuring they are fully informed about their Medicare options.

Key takeaways

Filling out and using the Part B Special Enrollment (SEP) form is crucial for those eligible and seeking to enroll in Medicare Part B outside the standard enrollment periods. Here are some key takeaways to guide you through this process:

  • Understand the eligibility criteria for SEP: You must say YES to being eligible for Medicare due to age or disability, being enrolled in Medicare Part B or an employer group health plan when first eligible, and having continuous coverage without more than eight consecutive months of lapse.
  • Know when to contact the Social Security Administration (SSA): To initiate SEP, you must reach out to SSA for the CMS 40B and CMS L564 forms. This step is required to document your eligibility and request enrollment.
  • Complete the necessary forms accurately: Fill out form CMS 40B and have your (or your spouse/family member’s) employer complete form CMS L564 to prove continuous coverage based on current employment.
  • Collect and submit additional documentation if needed: If you can’t obtain a completed CMS L564 from a previous employer, seek alternative documents that demonstrate continuous coverage. The Medicare Rights Center can assist in identifying what other documentation may suffice.
  • Make copies and get a submission receipt: Before handing in your paperwork to the Social Security office, ensure you make copies of all documents for your records. Also, request a receipt that notes the date of submission for your records.
  • Understand your start date and the appeal process: Depending on your situation, your Medicare coverage can start on the first of the month you enroll or the following month. If SSA denies your application, you have the right to appeal their decision.

By following these guidelines, you can navigate the SEP process with confidence, ensuring you get the Medicare coverage you need without unnecessary delays or complications.

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