Medicare Blog

what happens if emplyer has less than 20 employeed and you have medicare

by Kylee Mosciski Published 2 years ago Updated 1 year ago

If your employer has fewer than 20 employees, Medicare becomes primary. Thus, your employer coverage pays second when you have both Medicare and coverage through an employer with fewer than 20 employees. If your employer has more than 20 employees, Medicare will pay secondary to your group coverage.Apr 7, 2022

Full Answer

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.

Can I decline my employer’s plan for Medicare?

You can always choose to have Medicare and decline your group plan, but your employer can never force that decision. Can I drop my employer's health insurance for Medicare? You can drop your employer’s health plan for Medicare if you have large employer coverage.

How many employees do you need to qualify for Medicare?

If such an employer participates in a multiple employer or multi-employer GHP and at least one participating employer has at least 20 full and/or part-time employees, these MSP rules apply to all individuals entitled to Medicare on the basis of age, including those associated with the employer having fewer than 20 employees.

Can my employer offer me financial incentives not to enroll in Medicare?

“An employer or other entity is prohibited from offering Medicare beneficiaries financial or other benefits as incentives not to enroll in or to terminate enrollment in a GHP or LGHP that is or would be primary to Medicare.

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.

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.

Are employers responsible for Medicare?

The current tax rate for social security is 6.2% for the employer and 6.2% for the employee, or 12.4% total. The current rate for Medicare is 1.45% for the employer and 1.45% for the employee, or 2.9% total.

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.

What is considered a small employer?

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

Is it better to have Medicare as primary or secondary?

Medicare is always primary if it's your only form of coverage. When you introduce another form of coverage into the picture, there's predetermined coordination of benefits. The coordination of benefits will determine what form of coverage is primary and what form of coverage is secondary.

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.

How does employment affect Medicare?

If you're going back to work and can get employer health coverage that is considered acceptable as primary coverage, you are allowed to drop Medicare and re-enroll again without penalties. If you drop Medicare and don't have creditable employer coverage, you'll face penalties when getting Medicare back.

Can I drop my employer health insurance and go on Medicare?

You can keep your employer plan and sign up for Medicare Part A. You can keep your employer plan and sign up for Medicare Part A, and decide if you want to pick up B, D, and/or a Medigap Plan. Most people don't sign up for Parts B and D, because they have a monthly premium.

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.

Do I need insurance if I have Medicare?

If you have Medicare. Medicare isn't part of the Health Insurance Marketplace®, so if you have Medicare coverage now you don't need to do anything. The Marketplace won't affect your Medicare choices or benefits.

What is Medicare covered employment?

While many people work for 20 years or more, the key figure for Medicare-covered employment is 10 years, or 40 quarters while paying Social Security and Medicare taxes according to Section 218. Each covered quarter requires a minimum income of $1,470.

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 ...

When does a BCRC have to notify the employer?

The plan must notify the BCRC when the exempt employer meets or exceeds the 20-employee threshold or when there has been a change in the individual's employment or GHP coverage. The plan is required to notify each employee (beneficiary) or his/her spouse for whom the plan is requesting Medicare be the primary payer.

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) ...

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.

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 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.

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.

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, ...

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.

When does Medicare change?

If that former employer DOES offer coverage, your benefits will likely change when you turn 65. This is because when you are age 65 and have retiree coverage, Medicare becomes your primary insurance, and your group coverage now pays secondary. Prices and benefits from your employer coverage may be different once you turn 65.

How much is Medicare Part A deductible in 2021?

The Medicare Part A hospital deductible is $1,484 in 2021. So if you have both your employer insurance and Part A, and you incur a bill for a hospital stay, you will only be out $1,484 for your inpatient hospital services. Medicare pays the rest of any Part A services.

What is a 105 reimbursement plan?

A Section 105 Reimbursement Plan allows the employer to deduct expenses for employees who purchase individual health insurance plans. Eligible employees can participate and the employer can reimburse premiums for Medicare Parts A and B as well as Medigap plans.

Why is Medicare different from Cobra?

A Word About COBRA. Medicare coordinates differently with COBRA than it does with active coverage. This is important because so many people get this wrong and then owe penalties. When you are still actively working at a large employer, their Group Insurance pays primary and Medicare pays secondary.

What does "active employer" mean?

Active employer coverage means you are still actively working, not retired. In this scenario, you have the right to remain on your employer’s group health insurance plan if you choose. Your Medicare benefits can coordinate with that coverage. HOW it coordinates depends on the size of your employer.

Why would an insurance company reject my application?

When they see that you have large group coverage, they may reject your application because they know it will be of no use to you. Medicare and Employer coverage will be good enough coverage.

Does Medicare coordinate with employer insurance?

Medicare coordinates benefits with your employer coverage. You likely have options to keep your employer insurance and Medicare will coordinate with that coverage. You’ll also want to compare the cost of that employer coverage against what it would cost you to roll over to Medicare as your primary insurance.

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.

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.

What is a health care provider?

Tell your doctor and other. health care provider. A person or organization that's licensed to give health care. Doctors, nurses, and hospitals are examples of health care providers. about any changes in your insurance or coverage when you get care.

How long do you have to enroll in Medicare after you retire?

Once you retire and give up your employer health benefits, you will have a special enrollment period of 8 months to enroll in Part A and Part B, if you haven’t enrolled already. This special enrollment period begins the month after your employment or group health plan ends. There is no late enrollment penalty for enrolling in original Medicare ...

How old do you have to be to get Medicare?

Although retirement age usually ranges from 66 to 67 years old, Medicare eligibility for most individuals begins at age 65. Some people who continue to work past age 65 may also have group health plan benefits through their employer. Because of this, it’s possible to have both Medicare and a group health plan after age 65.

How to determine if Medicare is primary or secondary?

Here’s how to know who the primary and secondary payers are in your situation: 1 Medicare is generally the primary payer if the company you work for has fewer than 20 employees. But Medicare becomes the secondary payer if your employer is part of a group health plan with other employers who have more than 20 employees. 2 Medicare is typically the secondary payer if the company you work for has 20 or more employees. In this case, your group health plan is the primary payer and Medicare pays out only after your employer’s plan has paid their portion.

What is the number to call Medicare?

If you’re not sure whether Medicare will be the primary or secondary payer in your situation, you can call 855-798-2627 to speak to someone at Medicare’s Benefits Coordination & Recovery Center.

Does Medicare cover dependents?

Medicare is individual health insurance coverage, which means that it doesn’t include coverage for spouses or dependents. Most group health plans, on the other hand, do include some sort of coverage option for dependents and spouses.

Does Medicare work with employer benefits?

Instead, they can work in conjunction. Medicare is meant to work together with employer benefits to cover your healthcare needs and help pay for most, if not all, of your medical expenses.

Is Medicare the primary or secondary payer?

Medicare is typically the secondary payer if the company you work for has 20 or more employees.

Do I need to sign up for Medicare when I turn 65?

It depends on how you get your health insurance now and the number of employees that are in the company where you (or your spouse) work.

How does Medicare work with my job-based health insurance?

Most people qualify to get Part A without paying a monthly premium. If you qualify, you can sign up for Part A coverage starting 3 months before you turn 65 and any time after you turn 65 — Part A coverage starts up to 6 months back from when you sign up or apply to get benefits from Social Security (or the Railroad Retirement Board).

Do I need to get Medicare drug coverage (Part D)?

You can get Medicare drug coverage once you sign up for either Part A or Part B. You can join a Medicare drug plan or Medicare Advantage Plan with drug coverage anytime while you have job-based health insurance, and up to 2 months after you lose that insurance.

How many employees can be covered by Medicare?

Medicare has different rules for employer health insurance plans depending on whether the plans cover more or fewer than 20 employers. We’ll call them “large” and “small” plans here. Even workplaces with fewer than 20 insured employees may qualify as large plans if they’re linked up with a multi-employer group plan.

When do you have to get Medicare?

If you work at a small employer plan, your employer is permitted to require you to get Medicare when you turn 65. At that time, Medicare will become your primary health insurer. Your employer also has the option to cancel your workplace plan or retain it as a secondary payer of covered insurance claims. This distinction is important because it can affect the package of Medicare plans you may need, especially whether you need a Medigap supplement plan.

What is a prohibition on Medicare?

This prohibition precludes the offering of benefits to Medicare beneficiaries that are alternatives to the employer’s primary plan (e.g., prescription drugs) unless the beneficiary has primary coverage other than Medicare. An example would be primary plan coverage through his/her own or a spouse’s employer.

What is the age limit for group health insurance?

If you’re 65 or older, have group health plan coverage based on your or your spouse’s current employment, and the employer has 20 or more employees, your group health plan pays first. If you’re 65 or older, have group health plan coverage based on your or your spouse’s current employment, and the employer has fewer than 20 employees, ...

Do you have to get Medicare at 65?

If an employer with a large health plan tells you that you must get Medicare at age 65, it is breaking the law. The single exception is for people turning 65 who have end-stage renal disease; they can be required to get Medicare. Employees with access to large employer-sponsored plans do not have to get Medicare, but they may do so if they wish.

Can you drop your employer's Medicare plan?

It is illegal for some employers to offer you any inducement to get Medicare and drop the employer’s plan. The story with small health plans is not so clear. In some cases, providing employees with financial help for their Medicare expenses is just fine.

Can an employer provide financial assistance for Medicare?

In the case of large employer plans, the answer is an unequivocal “no.”. Here’s the language from Medicare’s official rules.

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