PolicyBrief
S. 2810
119th CongressSep 16th 2025
Retirement Freedom Act
IN COMMITTEE

The Retirement Freedom Act allows individuals qualified for Medicare Part A to voluntarily opt out of the benefit without penalty or forfeiting Social Security payments.

Ted Cruz
R

Ted Cruz

Senator

TX

LEGISLATION

Retirement Freedom Act Allows Opt-Out of Medicare Part A Without Losing Social Security

If you’ve ever had to navigate the enrollment paperwork for Medicare and Social Security, you know it can feel like a bureaucratic maze designed to trap you. The new Retirement Freedom Act aims to cut through some of that complexity by introducing a key piece of flexibility: the option to opt out of Medicare Part A (Hospital Insurance) even if you’re otherwise qualified.

The Choice to Hit Pause on Part A

This bill directly addresses a common dilemma for people turning 65 who might still be working and covered by an employer's health plan. Currently, Part A is often bundled with Social Security benefits, and while it’s usually premium-free, the rules around signing up can be tricky if you want to delay it. Section 2 of this Act creates a formal mechanism for individuals who qualify for Part A to actively choose not to take those benefits right away. This is a big deal because it gives people more control over when they start their federal health coverage, especially if they have a robust private plan in place.

Decoupling Medicare from Your Social Security Check

One of the most user-friendly provisions in this bill is the assurance that opting out of Part A will not force you to opt out of your Title II benefits—the standard Social Security retirement or disability payments. For years, the decision to delay Part A could create administrative headaches or even impact your Social Security filing strategy. Now, the bill explicitly states you can keep your monthly Social Security check rolling while declining the Part A coverage. Think of it like this: you can take your retirement money without being automatically enrolled in the hospital coverage you might not need yet.

No Penalties for Changing Your Mind

For the busy professional or small business owner who might want to use a high-deductible health plan for a few more years, the fear of future penalties is often a major deterrent to delaying Medicare. The Retirement Freedom Act removes that fear. Section 2 guarantees that if you opt out now, you can always decide to start your Part A entitlement later without facing any penalty for the time you initially skipped. Furthermore, if you received any Part A services before you made the decision to opt out (say, during the initial enrollment period), you won't have to pay back those costs. This adds a layer of financial security and flexibility, allowing people to make coverage decisions based on their health and financial situation, not fear of future government fines.