Medicare Blog

how to make medicare secondary with fewer than 20 employees

by Dr. Clementine McGlynn Published 2 years ago Updated 1 year ago

Employers with less than 20 employees Employees participating in the company health insurance MUST enroll in Medicare Part B. In groups with less than 20 employees the government considers Medicare the employee’s primary insurance and the employer provided insurance as secondary coverage.

Medicare & Indian Health Service (IHS)
If your employer has fewer than 20 employees, Medicare generally pays first, followed by your plan, and then the IHS . If you have a group health plan through tribal self- insurance, Medicare generally pays first and the plan pays second .

Full Answer

What happens if you have less than 20 employees on Medicare?

Employers with less than 20 employees Employees participating in the company health insurance MUST enroll in Medicare Part B. In groups with less than 20 employees the government considers Medicare the employee’s primary insurance and the employer provided insurance as secondary coverage.

What is the small employer exception to Medicare Secondary pay?

Small Employer Exception If an employer, having fewer than 20 full and/or part-time employees, sponsors or contributes to a single-employer Group Health Plan (GHP), the Medicare Secondary Payer (MSP) rules applicable to individuals entitled to Medicare on the basis of age do not apply to such individuals.

What does secondary Medicare mean?

Secondary means Medicare will pay after your employer-based insurance pays on the claim first. Medicare will be your primary insurance carrier if your company consists of less than 20 employees. Employers with 20 or more employees provide group health insurance and Medicare will be secondary.

Does Medicare pay first if my spouse's employer has 20 employees?

Your spouse's employer has at least 20 employees. I'm 65 or older and have group health plan coverage based on my own current employment status or the current employment of my spouse. If your or your spouse's employer has 20 or more employees, then the group health plan pays first, and Medicare pays second.

How many employees does a spouse have to have to be on Medicare?

How does Medicare work with other insurance?

How long does it take for Medicare to pay a claim?

What is the difference between primary and secondary insurance?

When does Medicare pay for COBRA?

What is the phone number for Medicare?

What happens when there is more than one payer?

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Is Medicare primary or secondary for groups under 20?

If you have non-tribal group health plan coverage through an employer who has less than 20 employees, Medicare pays first, and the non-tribal group health plan pays second. If you have a group health plan through tribal self-insurance, Medicare pays first and the group health plan pays second.

What is Medicare Secondary Payer rules?

Generally the Medicare Secondary Payer rules prohibit employers with 20 or more employees from in any way incentivizing an active employee age 65 or older to elect Medicare instead of the group health plan, which includes offering a financial incentive.

What is the Medicare small employer exception?

If an employer, having fewer than 20 full and/or part-time employees, sponsors or contributes to a single-employer Group Health Plan (GHP), the Medicare Secondary Payer (MSP) rules applicable to individuals entitled to Medicare on the basis of age do not apply to such individuals.

How many employees must an employer have in order for their insurance plan to be considered an employee group health plan per Medicare?

The 20-or-more employees requirement must be met at the time the individual receives the services for which Medicare benefits are claimed. If at that time the employer has met the 20-or- more employees requirement in the current year or in the preceding calendar year, the GHP is primary payer.

Under which circumstance is Medicare the secondary payer?

Medicare may be the secondary payer when: a person has a GHP through their own or a spouse's employment, and the employer has more than 20 employees. a person is disabled and covered by a GHP through an employer with more than 100 employees.

What is a Medicare Secondary qualifier?

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.

Is Medicare primary or secondary to employer coverage?

Medicare pays first and your group health plan (retiree) coverage pays second . If the employer has 100 or more employees, then the large group health plan pays first, and Medicare pays second .

Can employers reimburse employees for Medicare premiums?

Employers cannot offer employees the ability to be reimbursed for Medicare premiums on a pre-tax basis under a cafeteria plan (also known as Section 125 of the IRS code) because doing so can be considered an incentive to encourage employees to enroll in Medicare and waive employer-sponsored coverage.

What is considered a small employer?

Small employers have fewer than 50 full-time equivalent employees.

How does Medicare determine employer size?

The MSP requirements for Working Aged and Disability require information on employer size to determine the correct primary payer. Employer size is based on the number of employees, not the number of individuals covered under the Group Health Plan (GHP).

How many eligible employees must be included in a contributory plan?

Under a contributory group plan, you are expected to pay part of the premium for group life insurance. To avoid adverse selection, the insurer typically requires that at least 75 percent of eligible employees participate in the plan.

Can you have Medicare and employer insurance at the same time?

Yes, you can have both Medicare and employer-provided health insurance. In most cases, you will become eligible for Medicare coverage when you turn 65, even if you are still working and enrolled in your employer's health plan.

Your guide to who pays first. - Medicare

6 Section 1: When you have other health coverage How Medicare works with other coverage Find your situation on pages 6 through 8 to see which payer generally pays first for Medicare-covered items and services, and which page to visit for more details .

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Is Medicare Primary or Secondary? - Who Pays First - MedicareFAQ

Group Coverage Through Small Employer. If your employer has fewer than 20 employees, Medicare will be your primary coverage and the employer coverage will be your secondary coverage.If you do not enroll in Part B, your employer coverage will not pay their portion of your medical claims.

Reporting Other Health Insurance | CMS

Reporting Other Health Insurance, Medicare Initial Enrollment Questionnaire (IEQ), Medicare Initial Enrollment Questionnaire (IEQ) and Medicare Secondary Claim Development Questionnaire

How many employees can you have with Medicare?

There are two sets of compliance, one for employers with less than 20 employees and one for those over 20 employees. Not understanding the difference could be very expensive for both the employee and the employer.

Who can subsidize Medicare Part B?

The Employer or the Agent? The liability came down on the employer . In companies with less than 20 employees, the employer can subsidize the cost of an employee’s Medicare Part B and Medicare subsidy. This has always proven to be less expensive than the insurance companies individual group health rate.

Is group health insurance less expensive than individual health insurance?

This has always proven to be less expensive than the insurance companies individual group health rate. However, when the employer pays a significant portion of the employee’s individual health insurance premium, the employee usually elects to remain on the company’s policy.

What is an approved exception for Medicare?

An approved exception will apply only with respect to the specifically named and approved beneficiaries associated with a specifically named employer participant in a specifically identified multi-employer plan. This exception applies only to individuals entitled to Medicare on the basis of age.

What is a multi-employer GHP?

For the purposes of requesting the SEE, the term multi-employer GHP shall mean any trust, plan, association or any other arrangement made by one or more employers to contribute, sponsor, directly provide health benefits, or facilitate directly or indirectly the acquisition of health insurance by an employer member.

What is a small employer exception?

If an employer, having fewer than 20 full and/or part-time employees, sponsors or contributes to a single-employer Group Health Plan (GHP), the Medicare Secondary Payer (MSP) rules applicable to individuals entitled to Medicare on the basis of age do not apply to such individuals. If such an employer participates in ...

Can a GHP be a multi-employer?

However, the law provides that a multi-employer GHP may be granted an exception with respect to certain individuals entitled to Medicare on the basis of age and who are covered as a named insured or spouse (covered individual) of an employer with fewer than 20 full and/or part-time employees. In order for an MSP Small Employer Exception (SEE) ...

What happens if you leave Medicare without a creditable coverage letter?

Without creditable coverage during the time you’ve been Medicare-eligible, you’ll incur late enrollment penalties. When you leave your group health coverage, the insurance carrier will mail you a creditable coverage letter. You’ll need to show this letter to Medicare to protect yourself from late penalties.

What is CMS L564?

You will need your employer to fill out the CMS-L564 form. This form is a request for employment information form. Once the employer completes section B of the form, you can send in the document with your application to enroll in Medicare.

What happens if you don't have Part B insurance?

If you don’t, your employer’s group plan can refuse to pay your claims. Your insurance might cover claims even if you don’t have Part B, but we always recommend enrolling in Part B. Your carrier can change that at any time, with no warning, leaving you responsible for outpatient costs.

Is Medicare billed first or second?

If your employer has fewer than 20 employees, then Medicare becomes primary. This means Medicare is billed first, and your employer plan will be billed second. If you have small group insurance, it’s HIGHLY recommended that you enroll in both Parts A and B as soon as you’re eligible. If you don’t, your employer’s group plan can refuse ...

Is a $4,000 hospital deductible a creditable plan?

For your outpatient and medication insurance, a plan from an employer with over 20 employees is creditable coverage. This safeguards you from having to pay late enrollment penalties for Part B and Part D, ...

Is Part B premium free?

Since Part B is not premium-free like Part A is for most, you may wish to delay enrollment if you have group insurance. As stated above, the size of your employer determines whether your coverage will be considered creditable once you retire and are ready to enroll. Group coverage for employers with 20 or more employees is deemed creditable ...

Can employers contribute to Medicare premiums?

Medicare Premiums and Employer Contributions. Per CMS, it’s illegal for employers to contribute to Medica re premiums. The exception is employers who set up a 105 Reimbursement Plan for all employees. The reimbursement plan deducts money from the employees’ salaries to buy individual insurance policies.

How long does Medicare coverage last?

This special period lasts for eight months after the first month you go without your employer’s health insurance. Many people avoid having a coverage gap by signing up for Medicare the month before your employer’s health insurance coverage ends.

What is a small group health plan?

Since your employer has less than 20 employees, Medicare calls this employer health insurance coverage a small group health plan. If your employer’s insurance covers more than 20 employees, Medicare will pay secondary and call your work-related coverage a Group Health Plan (GHP).

Does Medicare pay second to employer?

Your health insurance through your employer will pay second and cover either some or all of the costs left over. If Medicare pays secondary to your insurance through your employer, your employer’s insurance pays first. Medicare covers any remaining costs. Depending on your employer’s size, Medicare will work with your employer’s health insurance ...

Does Medicare cover health insurance?

Medicare covers any remaining costs. Depending on your employer’s size, Medicare will work with your employer’s health insurance coverage in different ways. If your company has 20 employees or less and you’re over 65, Medicare will pay primary. Since your employer has less than 20 employees, Medicare calls this employer health insurance coverage ...

Can an employer refuse to pay Medicare?

The first problem is that your employer can legally refuse to make any health-related medical payments until Medicare pays first. If you delay coverage and your employer’s health insurance pays primary when it was supposed to be secondary and pick up any leftover costs, it could recoup payments.

Medicare vs. employer insurance

Whether you must enroll in Medicare when you’re eligible or face late penalties depends on the size of the company sponsoring the group health plan. In addition, the employed person (you or your spouse) must be actively employed. If the group health insurance is through a retirement plan, Medicare is always the primary payer.

What are primary and secondary coverage?

As discussed above, if you turn 65 and are still working, you need to understand whether employer coverage or Medicare is primary or secondary. Primary coverage pays for eligible claims first, and secondary coverage helps pay the remaining amount.

Can you have Medicare and employer insurance?

Yes, you can have Medicare and employer insurance. When deciding which health insurance option is best for you, consider asking your employer plan provider the following questions:

Is Medicare mandatory when you turn 65?

Medicare is not mandatory when you turn 65, though whether you must pay a late enrollment penalty when you do sign up depends on a number of circumstances.

When should I enroll in Medicare?

In most cases, you should enroll in Medicare when you first become eligible. This is called your Initial Enrollment Period. It lasts through the 3 months before the month you turn 65, the month you turn 65, and the 3 months after your birthday month.

How many employees does a spouse have to have to be on Medicare?

Your spouse’s employer must have 20 or more employees, unless the employer has less than 20 employees, but is part of a multi-employer plan or multiple employer plan. If the group health plan didn’t pay all of your bill, the doctor or health care provider should send the bill to Medicare for secondary payment.

How does Medicare work with other insurance?

When there's more than one payer, "coordination of benefits" rules decide which one pays first. The "primary payer" pays what it owes on your bills first, and then sends the rest to the "secondary payer" (supplemental payer) ...

How long does it take for Medicare to pay a claim?

If the insurance company doesn't pay the claim promptly (usually within 120 days), your doctor or other provider may bill Medicare. Medicare may make a conditional payment to pay the bill, and then later recover any payments the primary payer should have made. If Medicare makes a. conditional payment.

What is the difference between primary and secondary insurance?

The insurance that pays first (primary payer) pays up to the limits of its coverage. The one that pays second (secondary payer) only pays if there are costs the primary insurer didn't cover. The secondary payer (which may be Medicare) may not pay all the uncovered costs.

When does Medicare pay for COBRA?

When you’re eligible for or entitled to Medicare due to End-Stage Renal Disease (ESRD), during a coordination period of up to 30 months, COBRA pays first. Medicare pays second, to the extent COBRA coverage overlaps the first 30 months of Medicare eligibility or entitlement based on ESRD.

What is the phone number for Medicare?

It may include the rules about who pays first. You can also call the Benefits Coordination & Recovery Center (BCRC) at 1-855-798-2627 (TTY: 1-855-797-2627).

What happens when there is more than one payer?

When there's more than one payer, "coordination of benefits" rules decide which one pays first. The "primary payer" pays what it owes on your bills first, and then sends the rest to the "secondary payer" (supplemental payer) to pay. In some rare cases, there may also be a third payer.

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