What is the Medicare Secondary Payer MSP rule?

Asked by: Dr. Devante Mueller  |  Last update: January 17, 2024
Score: 4.9/5 (20 votes)

Medicare Secondary Payer (MSP) provisions protect the Medicare Trust Funds from paying when another entity is responsible for paying first. Any entity providing items and services to Medicare patients must determine if Medicare is the primary payer.

What is MSP Medicare Secondary Payer?

Medicare Secondary Payer (MSP) is the term generally used when the Medicare program does not have primary payment responsibility - that is, when another entity has the responsibility for paying before Medicare.

What is the primary purpose of the Medicare Secondary Payer MSP questionnaire?

Providers may use this as a guide to help identify other payers that may be primary to Medicare. This questionnaire is a model of the type of questions that may be asked to help identify Medicare Secondary Payer (MSP) situations.

How do you determine Medicare as a secondary payer?

If the employer has 100 or more employees, then the large group health plan pays first, and Medicare pays second . If the employer has fewer than 100 employees, and isn't part of a multi-employer or multiple employer group health plan, then Medicare pays first, and the group health plan pays second .

What are three instances when Medicare is considered a secondary payer?

a person is disabled and covered by a GHP through an employer with more than 100 employees. an individual has ESRD, is protected by COBRA, and is within the first 30 months of Medicare eligibility. a person has Medicare and has an accident involving no-fault or liability insurance.

What is the Medicare Secondary Payer Act (MSP)?

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What is the difference between primary and secondary payer?

Primary insurance pays first for your medical bills. Secondary insurance pays after your primary insurance. Usually, secondary insurance pays some or all of the costs left after the primary insurer has paid (e.g., deductibles, copayments, coinsurances).

How do you determine which insurance is primary and which is secondary?

The insurance that pays first is called the primary payer. The primary payer pays up to the limits of its coverage. The insurance that pays second is called the secondary payer. The secondary payer only pays if there are costs the primary insurer didn't cover.

What information do you think the secondary payer requires?

When sending claims on to the secondary payers, the payer wants to see the total billed amount of the claim, the amount the primary insurance paid on the claim, and the reasons why the billed amount was not paid fully by the primary payer.

Is Medicare secondary payer the same as Medigap?

Private “Medigap” insurance and Medicare secondary payer law and regulations are not the same. A “Medigap” policy is not a Medicare program benefit. Medicare Secondary Payer provisions apply to two broad categories of insurance: Group Health Plan (GHP) and Non-Group Health Plan (NGHP).

What if secondary allows more than primary?

The primary allows a certain amount, makes payment, then the secondary insurance processes the claim. A credit balance results when the secondary payer allows and pays a higher amount than the primary insurance carrier. This credit balance is not actually an overpayment.

When should the Medicare Secondary Payer Questionnaire MSPQ form be completed?

When submitting a claim to Medicare, ask the questions to determine the correct primary payer. Billing for Part A inpatient or outpatient hospital services requires the MSPQ to be completed for every date of service, unless it is for recurring outpatient services.

Does Medicare automatically send claims to secondary insurance?

Some claims are forwarded to the secondary and some not. Even if there is a note “Claim Information Forwarded To: (name of secondary)” for each claim, it may not be the case, therefore the secondary claim must be submitted. Speak to your local Medicare carrier and ask how to setup crossovers.

What are MSP questions?

The MSP questionnaire is used to determine whether Medicare is the primary or secondary payer. If another insurer is primary, it pays the lion's share of the patient's bill, and Medicare covers the rest.

Is Medicare Secondary Payer Questionnaire required?

While Medicare does have an MSP Questionnaire, providers are not required to use it. However, they must question the patient about situations in which Medicare could be the secondary payer prior to the initial billing.

How do I bill MSP claims to Medicare?

Prepare and Submit an MSP Claim
  1. Step 1: Determine if an MSP Claim Must be Submitted to Medicare. ...
  2. Step 2: Check for the MSP Record in Medicare's Records. ...
  3. Step 3: Prepare the MSP (Partial-Payment or Full-Payment) Claim. ...
  4. Step 4: Submit the MSP Claim to Medicare for the Beneficiary.

When would a biller most likely submit a claim to secondary insurance?

When Can You Bill Secondary Insurance Claims? You can submit a claim to secondary insurance once you've billed the primary insurance and received payment (remittance). It's important to remember you can't bill both primary and secondary insurance at the same time.

How does Medicare and Medigap work together?

If you have a Medigap policy and get care, Medicare will pay its share of the Medicare-approved amount for covered health care costs. Then, your Medigap policy will pay its share. You're responsible for any costs that are left. Once you buy a policy, you'll keep it as long as you pay your Medigap premiums.

Does Medicare Secondary Payer apply to Part D?

Usually Medicare Part D coverage pays first. For example: Are you retired and have prescription drug coverage through your or your spouse's former employer's or union's retiree Group Health Plan and Medicare Part D coverage? If so, your Medicare Part D coverage is primary and the Group Health Plan is secondary.

Is it necessary to have a Medicare Supplement?

Medicare supplement plans are optional but could save you big $$$ on doctor bills. Your cost-sharing under Part B is similar. You are responsible for paying your Part B deductible, which is $226 in 2023. Then Part B Medicare only pay 80% of approved services.

How long are providers required to retain Medicare secondary payer?

Thus, Medicaid and Medicare providers are advised to maintain their records for a minimum of 10 years in order to avoid potential liability and ensure they can properly defend themselves against all False Claims Act whistleblower cases.

How do you create a secondary claim in simple practice?

To file secondary claims or record secondary insurance payments in SimplePractice, you'll first need to add the secondary insurance to the client's profile. To do this: Navigate to the client's Overview page. Click Edit > Billing and Insurance.

What rule applies when determining which insurance is primary?

The birthday rule determines primary and secondary insurance coverage when children are covered under both parents' insurance policies. The birthday rule says primary coverage comes from the plan of the parent whose birthday falls first in the year.

Can you use secondary insurance instead of primary?

You don't get to choose which insurer will pay a certain claim. However, if the first insurer doesn't cover a certain treatment, or covers it only partially, you can then submit the remainder of the claim to your secondary insurer for payment, assuming the treatment is covered under the second plan.

Can I switch my primary and secondary insurance?

Know about switching between primary and secondary insurance: It is possible to change between primary and secondary insurance and for that, an individual who wants to stop the coverage of his/her primary insurance just needs to inform their secondary insurance about it.