Medicare Blog

what is a medicare secondary payer questionnaire and participation contracts

by Cathy Bernier Published 3 years ago Updated 2 years ago

What is a Medicare Secondary Payer questionnaire?

Medicare Secondary Payer Questionnaire. (Short Form) The information contained in this form is used by Medicare to determine if there is other insurance that should pay claims primary to Medicare.

What is the purpose of the MSP questionnaire?

CMS developed tools, including an MSP model questionnaire, Admissions Questions to Ask Medicare Beneficiaries, to help providers identify the correct primary claims payers for all patient hospital services provided.

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

CMS developed an MSP questionnaire for providers to use as a guide to help identify other payers that may be primary to Medicare. This questionnaire is a model of the type of questions you should ask to help identify MSP situations.

Why is the Medicare Secondary Payer Questionnaire MSPQ important to complete?

Known as the Medicare Secondary Payer Questionnaire (MSPQ), this information is required to help determine if Medicare is a primary or secondary payer for the patient. According to CMS, this new form is only a model of the questions to be asked and does not require use of the exact format.

How often does the MSP questionnaire need to be completed?

every 90 daysAs a Part A institutional provider rendering recurring outpatient services, the MSP questionnaire should be completed prior to the initial visit and verified every 90 days.

How does Medicare Secondary Payer work?

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 remaining costs. If your group health plan or retiree coverage is the secondary payer, you may need to enroll in Medicare Part B before they'll pay.

Is MSP questionnaire required for Medicare Advantage plans?

You are not required to collect MSP information (complete a new questionnaire) from beneficiaries if your provider is an affiliated provider-based service and the beneficiaries have already had their information verified by the provider.

Does Medicare automatically send claims to secondary insurance?

Medicare will send the secondary claims automatically if the secondary insurance information is on the claim. As of now, we have to submit to primary and once the payments are received than we submit the secondary.

Will secondary pay if primary denies?

If your primary insurance denies coverage, secondary insurance may or may not pay some part of the cost, depending on the insurance. If you do not have primary insurance, your secondary insurance may make little or no payment for your health care costs.

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

If a claim has a remaining balance after the primary insurance has paid, you will want to submit the claim to the secondary insurance, if one applies.

How do you know if Medicare is 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 do I submit Medicare secondary claims?

Medicare Secondary Payer (MSP) claims can be submitted electronically to Novitas Solutions via your billing service/clearinghouse, directly through a Secure File Transfer Protocol (SFTP) connection, or via Novitasphere portal's batch claim submission.

Medicare Second Payer

Medicare Secondary Payer (MSP) is the term used by Medicare when Medicare is not responsible for paying first. (The private insurance industry generally talks about “ Coordination of Benefits ” when assigning responsibility for first and second payment.)

Precedence of Federal Law

Federal law takes precedence over State law and private contracts. Thus, for the categories of people described below, Medicare is the secondary payer regardless of state law or plan provisions. These Federal requirements are found in Section 1862 (b) of the Social Security Act {42 USC Section 1395y (b) (5)}.

Group Health Plans (GHP)

An employer cannot offer, subsidize, or be involved in the arrangement of a Medicare supplement policy where the law makes Medicare the secondary payer. Even if the employer does not contribute to the premium, but merely collects it and forwards it to the appropriate individual’s insurance company, the GHP policy is the primary payer to Medicare.

Responsibilities of Attorneys Under MSP

Immediately, upon taking a case, that involves a Medicare beneficiary, inform the COB Contractor about a potential liability lawsuit, and

Responsibilities of Insurers Under MSP

Report to the COB Contractor if you find that CMS has paid primary when you are primary to Medicare (i.e. 411.25).

What is Medicare Secondary Payer?

The Medicare Secondary Payer (MSP) provisions protect the Medicare Trust Fund from making payments when another entity has the responsibility of paying first. Any entity providing items and services to Medicare patients must determine if Medicare is the primary payer. This booklet gives an overview of the MSP provisions and explains your responsibilities in detail.

Why does Medicare make a conditional payment?

Medicare may make pending case conditional payments to avoid imposing a financial hardship on you and the patient while awaiting a contested case decision.

What happens if you don't file a claim with the primary payer?

File proper and timely claims with the primary payer. Not filing proper and timely claims with the primary payer may result in claim denial. Policies vary depending on the payer; check with the payer to learn its specific policies.

Can Medicare make a payment?

Medicare can’t make payment when payment “has been made or can reasonably be expected to be made” under liability insurance (including self-insurance), no-fault insurance, or a WC law or plan of the United States, called a primary plan.

Can Medicare deny a claim?

Medicare may mistakenly pay a claim as primary if it meets all billing requirements, including coverage and medical necessity guidelines . However, if the patient’s CWF MSP record shows another insurer should pay primary to Medicare, we deny the claim.

What happens when the MSP effective date is not correct?

When this happens, the contractor shall advise the COB, via ECRS, of the need to change the MSP effective date and shall provide the COBC with documentation to substantiate the change.

What is the MSP Auxiliary File number?

As a result of MSP litigation settlement agreements CMS negotiated, records were added to the MSP Auxiliary file under contractor number 33333 (litigation settlement). Under the settlement agreements, CMS was to receive records for only those Medicare beneficiaries for which Medicare was secondary payer per a settlement agreement However, some data provided to CMS contain records for Medicare beneficiaries covered under a retirement group health plan or supplemental plan. These records were added to the CWF, MSP Auxiliary File. As these erroneous records are identified, beneficiaries, providers and the primary health plan have been notifying contractors that the records need to be corrected to again reflect Medicare as primary. All MSP Auxiliary File records, including these litigation records, need to be corrected and complete to maintain the integrity of the MSP Auxiliary File. As they become aware of an erroneous record, intermediaries and carriers are to advise the COBC via ECRS.

Can a beneficiary have MSP?

An MSP situation cannot exist when a beneficiary has GHP coverage (i.e., working aged, disability and ESRD) and is entitled to Part B only. CWF will edit to prevent the posting of these MSP records to CWF when there is no Part A entitlement date. Currently, if a contractor submits an Electronic Correspondence Referral System (ECRS) transaction to the coordination of benefits (COB) contractor to add a GHP MSP record where there is no Part A entitlement, the contractor will receive a reason code of 61. The COB contractor's system cannot delete these types of records once the records are posted to CWF by a contractor. Beginning April 2002 CWF will create a utility to retroactively delete all MSP GHP records where there is no Part A entitlement.

Do non-lead contractors need to respond to ICN requests?

Non-lead contractors do not need to respond to ICN requests sent within the 18-month period. They should annotate such ICNs with the reason the ICN is not being processed and immediately return the ICN to the lead contractor (to ensure that the lead contractor can obtain the information from CWF while it is still available). If a non-lead contractor experiences repeated problems with this issue from a particular lead contractor, they should notify their regional office (RO).

What is secondary payer?

A secondary payer assumes coverage of whatever amount remains after the primary payer has satisfied its portion of the benefit, up to any limit established by the policies of the secondary payer coverage terms.

Who is responsible for making sure their primary payer reimburses Medicare?

Medicare recipients may be responsible for making sure their primary payer reimburses Medicare for that payment. Medicare recipients are also responsible for responding to any claims communications from Medicare in order to ensure their coordination of benefits proceeds seamlessly.

How does Medicare work with insurance carriers?

Generally, a Medicare recipient’s health care providers and health insurance carriers work together to coordinate benefits and coverage rules with Medicare. However, it’s important to understand when Medicare acts as the secondary payer if there are choices made on your part that can change how this coordination happens.

Is Medicare a secondary payer?

Medicare is the secondary payer if the recipient is: Over the age of 65 and covered by an employment-related group health plan as a current employee or the spouse of a current employee in an organization with more than 20 employees.

Is ESRD covered by COBRA?

Diagnosed with End-Stage Renal Disease (ESRD) and covered by a group health plan or COBRA plan; Medicare becomes the primary payer after a 30-day coordination period. Receiving coverage through a No-Fault or Liability Insurance plan for care related to the accident or circumstances involving that coverage claim.

Does Medicare pay conditional payments?

In any situation where a primary payer does not pay the portion of the claim associated with that coverage, Medicare may make a conditional payment to cover the portion of a claim owed by the primary payer. Medicare recipients may be responsible for making sure their primary payer reimburses Medicare for that payment.

When a provider receives a reduced no fault payment because of failure to file a proper claim, what is

When a provider receives a reduced no-fault payment because of failure to file a proper claim, (see Chapter 1, §20 for definition), the Medicare secondary payment may not exceed the amount that would have been payable if the no-fault insurer had paid on the basis of a proper claim.

How often do you need to collect MSP information?

Following the initial collection, the MSP information should be verified once every 90 days. If the MSP information collected by the hospital, from the beneficiary or his/her representative and used for billing, is no older than 90 calendar days from the date the service was rendered, then that information may be used to bill Medicare for recurring outpatient services furnished by hospitals. This policy, however, will not be a valid defense to Medicare’s right to recover when a mistaken payment situation is later found to exist.

Is GHP primary to Medicare?

Do you have employer group health plan (GHP) coverage through yourself, a spouse, or family member if dually entitled based on Disability and ESRD? If yes, the employer GHP may be primary to Medicare. Continue below.

Does Medicare require independent labs?

The Centers for Medicare & Medicaid Services (CMS) will not require independent reference laboratories to collect MSP information in order to bill Medicare for reference laboratory services as described in subsection (b) above. Therefore, pursuant to section 943 of The Medicare Prescription Drug, Improvement & Modernization Act of 2003, CMS will not require hospitals to collect MSP information in order to bill Medicare for reference laboratory services as described in subsection (b) above. This policy, however, will not be a valid defense to Medicare’s right to recover when a mistaken payment situation is later found to exist.

Can you send a claim to Medicare with multiple primary payers?

Claims with multiple primary payers cannot be sent electronically to Medicare.

What is secondary payer?

Medicare is the Secondary Payer when beneficiaries are: 1 Treated for a work-related injury or illness. Medicare may pay conditionally for services received for a work-related illness or injury in cases where payment from the state workers’ compensation insurance is not expected within 120 days. This conditional payment is subject to recovery by Medicare after a workers’ compensation settlement has been reached. If WC denies a claim, or a portion of a claim, a claim can be filed with Medicare for consideration of payment. 2 Treated for an illness or injury caused by an accident and liability and/or no-fault insurance will cover the medical expenses as the primary payer. 3 Covered under their own employer’s or a spouse’s employer’s, group health plan (GHP). 4 Disabled with coverage under a large group health plan (LGHP). 5 Afflicted with permanent kidney failure (End-Stage Renal Disease (ESRD)) and are within the 30-month coordination period.

How long does it take Medicare to pay for a work related injury?

Medicare may pay conditionally for services received for a work-related illness or injury in cases where payment from the state workers’ compensation insurance is not expected within 120 days.

Does Medicare pay for black lung?

Federal Black Lung Benefits - Medicare does not pay for services covered under the Federal Black Lung Program. However, if a Medicare-eligible patient has an illness or injury not related to black lung, they may submit a claim to Medicare. For further information, contact the Federal Black Lung Program at 1-800-638-7072.

What is secondary payer?

Medicare is the Secondary Payer when Beneficiaries are: 1 Treated for a work-related injury or illness. Medicare may pay conditionally for services received for a work-related illness or injury in cases where payment from the state workers’ compensation (WC) insurance is not expected within 120 days. This conditional payment is subject to recovery by Medicare after a WC settlement has been reached. If WC denies a claim or a portion of a claim, the claim can be filed with Medicare for consideration of payment. 2 Treated for an illness or injury caused by an accident, and liability and/or no-fault insurance will cover the medical expenses as the primary payer. 3 Covered under their own employer’s or a spouse’s employer’s group health plan (GHP). 4 Disabled with coverage under a large group health plan (LGHP). 5 Afflicted with permanent kidney failure (End-Stage Renal Disease) and are within the 30-month coordination period. See ESRD link in the Related Links section below for more information. Note: For more information on when Medicare is the Secondary Payer, click the Medicare Secondary Payer link in the Related Links section below.

When do hospitals report Medicare beneficiaries?

If the beneficiary is a dependent under his/her spouse's group health insurance and the spouse retired prior to the beneficiary's Medicare Part A entitlement date, hospitals report the beneficiary's Medicare entitlement date as his/her retirement date.

Does Medicare pay for black lung?

Federal Black Lung Benefits - Medicare does not pay for services covered under the Federal Black Lung Program. However, if a Medicare-eligible patient has an illness or injury not related to black lung, the patient may submit a claim to Medicare. For further information, contact the Federal Black Lung Program at 1-800-638-7072.

Does Medicare pay for the same services as the VA?

Veteran’s Administration (VA) Benefits - Medicare does not pay for the same services covered by VA benefits.

Is Medicare a primary or secondary payer?

Providers must determine if Medicare is the primary or secondary payer; therefore, the beneficiary must be queried about other possible coverage that may be primary to Medicare. Failure to maintain a system of identifying other payers is viewed as a violation of the provider agreement with Medicare.

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