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S 2810119th CongressIn Committee

Retirement Freedom Act

Introduced: Sep 16, 2025
Sponsor: Sen. Cruz, Ted [R-TX] (R-Texas)
Social Services
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Retirement Freedom Act would allow individuals who are otherwise entitled to Medicare Part A (the hospital insurance portion of Medicare) to elect to opt out of that Part A entitlement. The Secretary of Health and Human Services would define the form and method for making this election. If someone opts out, they would be able to later end the election and re-enroll in Part A without penalty, through a process determined by the Secretary. Importantly, opting out would not force the person to opt out of Parts of Medicare other than Part A (e.g., Part B would not be affected), and individuals would not have to repay any Part A benefits paid for services received before the opt-out election. The bill is titled the Retirement Freedom Act and is sponsored in the Senate by Senators Cruz and Lee. In short, the bill is designed to give individuals the choice to drop Medicare Part A entitlement, with a pathway to return later without penalties and without losing Part B rights or needing to repay prior Part A benefits.

Key Points

  • 1Eligibility to opt out: Any individual who is otherwise entitled to Medicare Part A may elect to opt out of that entitlement, using a form and process to be specified by the Secretary of Health and Human Services (HHS).
  • 2Re-enrollment after opting out: An individual who opts out may later choose to end the opt-out and re-enroll in Part A without being subject to any penalty, using a process determined by the Secretary.
  • 3Part B unaffected: Opting out of Part A is not conditioned on any change to Part B rights; individuals may opt out of Part A without being required to opt out of Part B.
  • 4No repayment required for prior Part A benefits: Individuals who opt out would not be required to repay amounts paid under Part A for items and services furnished before the opt-out election.
  • 5Short title and sponsorship: The bill is titled the “Retirement Freedom Act” and is introduced in the Senate by Senators Cruz and Lee (as of the introduced status).

Impact Areas

Primary group/area affected: Individuals who are currently eligible for Medicare Part A (primarily older adults and certain disabled individuals) who may choose to opt out of Part A.Secondary group/area affected: Medicare Part B beneficiaries and the broader Medicare program, including its financing structure (funding for Part A), and private health coverage options that individuals might rely on instead of Part A.Additional impacts: Potential effects on the Medicare Part A trust fund and federal budget (fewer payroll-tax contributions from those who opt out), changes in hospital and medical coverage dynamics, and administrative/implementation considerations for HHS to establish the opt-out and re-enrollment processes. The bill does not specify funding mechanisms or the broader economic impact, which would depend on opt-out uptake and the cost of alternative coverage chosen by individuals.
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