Bringing personal medications from California to Baja on regular basis

0POSTS

5 years ago

Good morning. I am moving to Baja in 2023, probably Ensenada but possibly Rosarito. I am planning to get my health insurance in California (and then Medicare at 65) and make periodic trips there to pick up prescription medications -- no more than a 90-day supply at a time. Obviously, we will be driving back and forth across the border at Tijuana. It is my understanding that there should not be a problem entering back into Mexico with my medications. Can anyone on this thread please verify this? Is anyone already doing it. I have also thought about calling the U.S. consulate in Tijuana and possibly the Mexican consulate in San Diego. Thank you for your help.

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pgarrod711 Member

10POSTS

5 years ago

I have been going to Mexico (Puerto Penasco--Rocky Point) for many years now and have never had a problem taking in my extensive bag of medications including C2 drugs. I cross the border at Lukeville where most of the time the Mexican border patrol waves us through. When asked to stop for inspection their search is usually superficial. Never, has anyone looked into my personal bag. Of note, I have seen some vehicles pulled over and emptied for the inspection with all of the owner's belongings strewn about. My last visit to Puerto Penasco was early November 2020 and I was surprised at the manner with which I was stopped and searched. As soon as I opened my truck door the Mexican BP agent began rapidly asking me in Spanish where I was hiding my pistol and bullets. He kept on and on asking this while a couple other guys looked at my stuff in the back of the truck. After I continued to deny having a pistol, bullets or other weapons he finally let up on those questions. I was soon on my way. I didn't feel threatened during the situation but I was certainly surprised. Interestingly enough, several miles down the road to Puerto Penasco I was stopped by law enforcement of some kind. The leader of that group began to ask me the same questions about pistols, weapons and bullets. Although that agent was quite brusque, he was professional and the encounter ended quickly. It was never intimated that the agents wanted some sort of bribe or compensation.

Guest8936 Guest

0POSTS

5 years ago

Thank you. I appreciate the information. I know that "official" information is not always consistent, but I am going to try to get an answer from the Mexican government via a consulate.

jamesr3939 Serial expat

226POSTS

5 years ago

We have been going back and forth to Rosarito several times a year for the last four years checking on our condo construction. Once we move down their I plan to do the same as you and have mine sent to a mail drop in San Diego, then go pick them up. All our recent trips down we have stayed a few days and I always take my three RX's in their original bottles. I have never been stopped or searched at the border or on the road down. I don't have any controlled drugs. Everything I read is to just keep them in the original bottle and have the script with them.

travellight VIP Member

2460POSTS

5 years ago

At the moment there appears to be no problem crossing at T.J. There are many who still work in the U.S. Other borders may be subject to the crossing by plane is OK but not crossing by auto or bus etc.

Personal drugs have to my knowledge never been an issue as long as its clear that they are your personal labeled drugs.

Currently the virus issue is driving the agenda which can make the border very unstable. So everything you hear today may have changed by tomorrow.

Guest8936 Guest

0POSTS

5 years ago

Is anyone here on Medicare with residency in both Mexico and a U.S. state? Do you have any problems with Medicare administration on this when you go to the U.S. to use it and get prescription drugs? Thanks.

Markenzee Member

22POSTS

5 years ago

I’m assuming you mean you will have established temporary or permanent residency in Mexico which means while you may keep a house in the U.S., your residency would be in Mexico. Since establishing a residency in Mexico could alert U.S. authorities of your residency, both Social Security and Medicare would become aware of this fact. It is a requirement of both SS and Medicare that you must update them on your residency. It may be better to simply cross the Baja border on a 6 month tourist visa and keep your U.S. residency for both Social Security and therefore Medicare.

jamesr3939 Serial expat

226POSTS

5 years ago

Baja2023! wrote:
Is anyone here on Medicare with residency in both Mexico and a U.S. state? Do you have any problems with Medicare administration on this when you go to the U.S. to use it and get prescription drugs? Thanks.

How do you get them now? If you have an address in the US then use that for Medicare. I plan to use my US address for all my Medicare and have my 90 day RX supply mailed to a PMB near the border and go pick it up. None of my RX is controlled so I don't see it being a problem. I plan to establish a relationship with a MD in San Diego, use my US address, and cross over if/when I need treatment. Social Security won't care where you live as many retirees on SS live outside the country and all my statements come electronic. You might find it cheaper to buy your RX in Mexico also.

I'm doing my permanent residency process currently and I'm not sure how the US would ever find out or even care. If you are buying property in MX then you will definitely want to get permanent residency for the tax advantage if you ever sell. Plus as a permanent resident you can sign up for MX medical coverage either public or private.

Markenzee Member

22POSTS

5 years ago

That’s true that Social Security doesn’t care where you live, however if you want to maintain a Medicare Part D plan, through straight Medicare D, a supplement plan, or an Advantage plan, you MUST maintain legal residency in the U.S. To do otherwise would be fraudulent, according to Medicare Part D Rules. Of course, you can maintain original Medicare Part A and B and use it when you are in the U.S. I agree that the Prescription drug rules are stupid, but that is what they are. “
Medicare generally does not cover health services outside the United States. If you move outside the United States:

Medicare Part A (hospital insurance), is available to you if you return. No monthly premium is withheld from your Social Security benefit payment for this protection.
You can continue paying for your Part B benefits or drop them while out of the country.
Since Medicare benefits are available only in the United States, it may not be to your advantage to pay the premium for Part B medical insurance if you will be out of the United States for a long period of time. But be aware that when you return and sign up for Part B, your premium will be 10% higher for each 12-month period you could have been enrolled in Part B, but were not.

If you want to drop your Part B coverage while you are out of the country, you must notify the Social Security Administration. Your Part B benefits — and premiums — will continue for one more month after the month you notify Social Security that you wish to cancel.

If you return to the United States, you must re-enroll in Part B, but you may only do so from January through March each year, your benefits will not begin until July, and you may have to pay a premium penalty.

For Part D, the situation is a bit different. With Part D you cannot continue paying your premiums while you are out of the country. Once you move outside of the U.S., you are ineligible for Part D. Contact your Part D plan to coordinate your disenrollment date with the date of your move abroad. If you move back to the States, you will again be eligible for Part D and can enroll in a plan during a Special Enrollment Period (SEP). The SEP begins the month before you move back to the U.S., the month you move back and up to 2 months after the move.”

jamesr3939 Serial expat

226POSTS

5 years ago

#10

Good to know, but I don't think the OP stated anything about moving permanently to Mexico and not having a US footprint. Having permanent or temporary residency status with Mexico has nothing to do with still being a physical resident of the US. I will have permanent resident status in Mexico, but still have two physical addresses in TX and CA. I can see your point if somebody just pulled up stakes and physically left the US. But I don't think that was the OP concern.

Markenzee Member

22POSTS

5 years ago

#11

You can only have residency in one country or another at the same time. If you have residency in Mexico, by definition you CANNOT a have a Medicare prescription drug plan. I’m not saying some people don’t try to fraudulently try to maintain their Medicare prescription plan and pick up their drugs back in the U.S., but it is not technically legal once you become a temporary or permanent Mexican resident. There are numerous ways the Medicare authorities could find out you are doing this. The Mexican authorities could inform the U.S. once you become a Mx resident. The IRS could inform Social Security and therefore Medicare when you file your annual tax returns. You may slip thru the cracks, but if not you are committing fraud and could be liable for penalties etc.

jamesr3939 Serial expat

226POSTS

5 years ago

#12

Markenzee wrote:
You can only have residency in one country or another at the same time. .

I'm not sure that's accurate. You can have citizenship in two different countries at the same time.

Markenzee Member

22POSTS

5 years ago

#13

The guy (Baja) originally said he was going to maintain residency in both countries which you can’t do. So I suggested the tourist visa. I am in the middle of negotiating the same issues since my drugs are very expensive and also unavailable in Mexico. Also my Medicare advantage plan is a great deal for my situation. We are going to buy in Mexico, so I will have my partner gain Mexican residency and put the deed in his name (for those tax reasons you mentioned if you later sell). I will continue to go back and forth every 6 months to pick up my meds from my Medicare Advantage plan since we maintain a U.S. address. That way there will be no potential fraud. It isn’t perfect, but it works.

Markenzee Member

22POSTS

5 years ago

#14

Dual citizenship is fine. Residency in two countries would be silly especially for tax purposes, but generally speaking, residency is based on 183 days living in one country and where one has actually applied for residency. That is what Baja implied he was doing. Again, the issue here is the Medicare rules for prescriptions once you live outside the country. If one applies for Mexican residency, that seems an obvious issue.

Markenzee Member

22POSTS

5 years ago

#15

Remember too that under virtually all tax treaties with the U.S. including The Mexican/U.S. treaty, countries share information on individuals.

jamesr3939 Serial expat

226POSTS

5 years ago

#16

Markenzee wrote:
Dual citizenship is fine. Residency in two countries would be silly especially for tax purposes, but generally speaking, residency is based on 183 days living in one country and where one has actually applied for residency. That is what Baja implied he was doing. Again, the issue here is the Medicare rules for prescriptions once you live outside the country. If one applies for Mexican residency, that seems an obvious issue.

I just looked up Part D coverage and you are correct. If you move permanently outside the US then neither your Part D or Medicare Supplement are worth keeping. I don't think OP planned to "just" live in Mexico, as I don't either so keeping my Plan D RX is still valid and a good idea. There is no bright line rule for establishing residency as far as the US and State governments are concerned there is no 183 days magic number. It's about associations and ties to the location. I am retired and earn a pension from the US so I don't have any tax liability to MX, even as a permanent resident. As far as the US is concerned my residence is in TX. My DL, car reg, and residence address are there. I also have a rental in CA, which I could use as my residence, but then I would have to pay CA state income taxes. NOT! However, I do have to pay taxes on my rental income to CA.

Markenzee Member

22POSTS

5 years ago

#17

Hey James, thanks for the banter. Believe me, this has not been easy to figure all this shit out. I enjoy the discussion. It helps clarify my thinking and the laws.

jamesr3939 Serial expat

226POSTS

5 years ago

#18

It is confusing I had to call my tax guy more than once to make sure I was doing the correct thing. It could all change next week, who knows?

Markenzee Member

22POSTS

5 years ago

#19

This is a great site from Medicare interactive that correctly states the issue with Part D of Medicare once you’ve applied for residency in Mexico.

“ Medicare Advantage and Part D for those who live abroad”

“When you move abroad, you should disenroll from and stop paying premiums for your Medicare Advantage Plan or stand-alone prescription drug plan (Part D). You are not eligible for these plans because you live outside the plan service area, and your coverage must end if you live outside of the United States. It is your responsibility to notify your plan that you are moving.

If an MA Plan was responsible for administering your Parts A and B coverage, you may want to continue paying the Medicare Part B premium after your disenroll. This will ensure that you have Medicare coverage without penalties or gaps if you return to the U.S.”

Since “you live outside the plan service area.” Prescription drug plans are dependent on living in these service areas which seems to me and lawyers I’ve consulted with, at being at odds with applying for residency in Mexico, regardless of where else one might own a home. Again, they say that the 183 day rule is critical in this regard. “ The so-called 183-day rule serves as a ruler and is the most simple guideline for determining tax residency. It basically states, that if a person spends more than half of the year (183 days) in a single country, then this person will become a tax resident of that country.”