The recent enactment of the One Big Beautiful Bill Act (OBBBA) on July 4, 20251 brought sweeping changes to numerous government programs, including Medicare, which provides health insurance coverage for certain persons who are age 65 or older or disabled, and who meet the other applicable statutory requirements provided for under Title 18 of the Social Security Act.2  The OBBBA creates a new subsection in Title 18 of the Social Security Act that limits eligibility for Medicare benefits to U.S. citizens and nationals, green card holders, certain refugees and asylees, and persons residing in the U.S. lawfully under the 1996 Compact of Free Association with the former Trust Territory of the Pacific Islands.3


      WHY THIS MATTERS

      This change will affect beneficiaries who reside in the United States lawfully but who do not fall into one of the aforementioned categories.  Additionally, many non-U.S. residents who worked for at least 10 years under U.S. Social Security before returning to their respective home countries will no longer be eligible for Medicare benefits.  While Medicare generally only covers medical services performed in the United States, many non-U.S. residents return to the United States to receive health-care services under Medicare.  This change in the law prevents many persons residing outside the United States from being able to return to the U.S. to receive covered Medicare services.

      Moreover, the law applies this prohibition not only to prospective Medicare beneficiaries, but also to beneficiaries who were entitled before the legislation went into force.  The OBBBA provides that such benefits shall terminate 18 months after its enactment.4  Thus, affected individuals who currently are or were planning to rely on Medicare services for post-retirement health coverage may need to secure another source of health insurance upon retirement.  


      More Details 

      The new law does not affect monthly Social Security retirement, survivors, or disability benefits for non-U.S. nationals, which can still be paid to certain non-U.S. residents.5  It also does not affect the ability of certain U.S. residents who lack sufficient contributions into the system to pay an additional premium to receive Medicare benefits.6  It is not presently clear how Medicare benefits for spouses of affected persons might be affected if such spouses are U.S. citizens or green card holders.  


      KPMG INSIGHTS

      Cross-border workers who were expecting to receive Medicare coverage upon retirement may need to revise their retirement planning.  A significant population of non-residents (particularly residents of Canada, Mexico, and elsewhere in the Americas) were previously able to attain sufficient periods of work contributions in the United States to have Medicare coverage when they reached age 65.  For many such people, this will no longer be the case, and they may want to seek additional health-care options in retirement.  

      KPMG LLP (U.S.) will continue to monitor how the Social Security Administration implements the new law, as well as any possible litigation stemming from these changes to the law, to determine how they might affect this population of workers.

      Contacts

      Martha Klasing

      Partner, Washington National Tax – Global Mobility Services

      KPMG in the U.S.

      Brent Jackson

      Director, Washington National Tax – Global Mobility Services

      KPMG in the U.S.

      Robert Rothery

      Director

      KPMG in the U.S.

      More Information

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      GMS Flash Alert reports on recent global mobility-themed developments from around the world to help you better understand what has changed and what that means for you.


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      Disclaimer

      The above information is not intended to be “written advice concerning one or more federal tax matters” subject to the requirements of section 10.37(a)(2) of Treasury Department Circular 230 as the content of this document is issued for general informational purposes only.

      The information contained in this newsletter was submitted by the KPMG International member firm in the United States. 

      GMS Flash Alert is a Global Mobility Services publication of the KPMG LLP Washington National Tax practice. The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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