What is the Medicare secondary payer law?
Medicare Secondary Payer (MSP) rules set which health insurance pays first when a person has Medicare and another type of insurance.
You can review official guidelines and coordination details directly through the Centers for Medicare & Medicaid Services.
When Medicare is Secondary (Pays Second)
Medicare pays after these primary insurance plans:
- Working Aged (65 or older): Group health plans from an employer with 20 or more employees if you or your spouse are actively working.
- Disability (under 65): Group health plans from an employer with 100 or more employees.
- End-Stage Renal Disease (ESRD): Group health plans for a 30-month coordination period starting when you become eligible for Medicare.
- Accidents and Injuries: Workers' compensation, no-fault insurance, and liability insurance.
When Medicare is Primary (Pays First)
Medicare pays first under these conditions:
- Small Employers: Group health plans from employers with fewer than 20 employees (for age 65+) or fewer than 100 employees (for disabilities).
- Retiree Coverage: Insurance plans you receive after retirement.
- Medicaid: Medicare is always primary over Medicaid.
Conditional Payments
- If your other insurance does not pay a claim within 120 days, Medicare may make a temporary "conditional payment" to cover the bill.
- You or your primary insurer must repay Medicare once the primary insurance settles the claim.