Medicare Secondary Payer (MSP) - NGSMEDICARE (2024)

Table of Contents

  • Step 1: Determine if an MSP Claim Must be Submitted to Medicare
  • Step 2: Check Medicare’s Eligibility Files via NGSConnex or the IVR to Determine if There's Other Insurance Primary to Medicare
  • Step 3: Prepare the MSP (Partial-Payment or Full-Payment) Claim
  • Step 4: Submit the MSP Claim to Medicare for the Beneficiary
    • Medicare’s Processing of MSP Claims
  • Related Content

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Step 1: Determine if an MSP Claim Must be Submitted to Medicare

Before you can bill Medicare, you are first required to bill the payer you have identified as primary for the beneficiary’s services. Refer to “Determine if Medicare is Primary or Secondary for a Beneficiary’s Services.”

Once you bill and receive payment from the primary payer for the beneficiary’s services, use the following guidelines to determine whether or not to submit a MSP claim to Medicare:

  1. Primary payer partially paid ‑ If the primary payer made payment greater than zero but less than full payment, you are required to submit an MSP claim (known as an MSP partial-payment claim). The receipt of less than full payment may be due to a variety of other reasons such as the primary payer’s application of a deductible, coinsurance, or co-payment.
  2. Primary payer fully paid ‑ For Medicare Part B services, providers are strongly encouraged to submit an MSP claim when the primary payer has made full payment.

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Step 2: Check Medicare’s Eligibility Files via NGSConnex or the IVR to Determine if There's Other Insurance Primary to Medicare

Submit claim based information obtained via Model Admission Questions to Ask Medicare Beneficiaries.

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Step 3: Prepare the MSP (Partial-Payment or Full-Payment) Claim

To prepare the MSP claim, use the following guidelines:

  1. Complete the claim form CMS-1500 or electronic equivalent in the usual manner.
  2. Report all claim coding usually required for the services including charges for all Medicare-covered services, not just the balance remaining after the primary payer’s payment.
  3. Report the covered and noncovered charges as usual. Do not report the charges paid for by the primary payer as noncovered.
  4. If Medicare is the tertiary payer, refer to “Prepare and Submit a Medicare Tertiary Claim” for instructions.
  5. In addition to all required Medicare coding, the following fields are required to be completed for MSP claims. Paper claim form Items are listed below; refer to the National Uniform Claim Committee 1500 Claim Form Map to the X12N Health Care Claim: Professional (837) for their electronic equivalents.
CMS-1500 Item Instructions
Item 4 Indicate the name of the insured for the insurance that is primary to Medicare (may or may not be the patient). If the insured and the patient are same, enter “SAME” in this field.
Item 6 Check the appropriate box for the patient’s relationship to the insured (self, spouse, child, other).
Item 7 Enter the insured’s address and telephone number. When this address is the same as the patient’s, enter “SAME” in this field.
Item 8 This field is reserved for NUCC use.
Items 10a‑10c Indicate “yes” or “no” for “Is patient’s condition related to…” questions (employment, auto accident, other accident). If the patient’s condition is related to an auto accident, include the two digit state code (official US Postal abbreviation) under Place.
Item 11 Enter the insured’s policy or group number.
Item 11a Enter the insured’s eight-digit birth date (MMDDYYYY format) and gender (sex) if different from information listed in Item 3.
Item 11b Leave blank. Not required by Medicare.
Item 11c If Medicare is the secondary payer, complete this line item.
Item 11d Not required by Medicare; do not complete this Item for MSP billing.


For electronic claims, additional information is needed to be submitted on the claim. This is the same information that would appear on the primary insurer’s EOB. Since electronic MSP claims are not submitted with an EOB, you need to ensure that the following information is included on your electronic claim submission:

  • Patient name
  • Date of service
  • Insurance company name
  • Procedure code or billed amount per claim line or entire claim (must match Medicare claim)
  • Payment amount
  • Reason code for no payment for a line item with the definition of the reason code on the primary EOB

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Step 4: Submit the MSP Claim to Medicare for the Beneficiary

Once the MSP claim is properly prepared, submit the MSP claim to Medicare for processing. Providers must submit claims to Medicare on behalf of the beneficiary; you cannot require that the patient submit the claim to Medicare.

MSP claims must be submitted to Medicare in the same format that you submit all of your other claims to Medicare. It is not an acceptable practice to “drop to paper” for MSP claims if you submit all of your other Medicare claims electronically. However, if you have an approved ASCA waiver, you may submit MSP claims in hard-copy format, using the most current version of the CMS-1500 paper claim form. When using the CMS-1500 paper claim form, only original forms printed in red drop-out ink are accepted (no photocopies).

For hard-copy claim submissions, you must properly code the MSP claim on a hardcopy CMS-1500 claim form, attach any supporting documentation such as the primary payer’s remittance and/or EOB statement and submit it to the proper National Government Services Claims P.O. Box, depending on the state in which your practice/office is located.

MSP claims must be submitted to Medicare within the established timely filing guideline for all Medicare claims, which is one calendar year from the date of service. There are some exceptions to the timely filing limit, but none of those exceptions apply to determining a patient’s MSP status. As always, any claims that are not submitted within the time limit are provider-liable and the beneficiary cannot be charged.

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Medicare’s Processing of MSP Claims

  • Claim accepted: If MSP claims are submitted in accordance with the above instructions and do not encounter any other editing, they will proceed to the payment floor.
  • Claim rejected/returned to provider: If MSP claims fail to meet Medicare’s usual claim submission requirements and/or fail to meet the requirements for MSP billing, they will not be accepted and you must resubmit the claims correctly.

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Related Content

Revised 10/25/2023

Medicare Secondary Payer (MSP) - NGSMEDICARE (2024)

FAQs

How often does the MSP questionnaire need to be completed? ›

In accordance with guidelines established by the Centers for Medicare & Medicaid Services (CMS), all providers are required to complete the MSP questionnaire upon admission. The 90-day requirement is directed at hospitals in the Internet Only Manual (IOM), Publication 100-05, Chapter 3, Section 20.1. 2.

How do you bill Medicare when it is a secondary payer? ›

When Medicare is the secondary payer, submit the claim first to the primary insurer. The primary insurer must process the claim in accordance with the coverage provisions of its contract.

Does MSPQ need to be completed for Medicare Advantage plans? ›

39A: Yes. 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.

Is Medicare Secondary Payer Questionnaire required? ›

Medicare regulations require providers who submit Medicare claims to determine whether Medicare is the primary payer or secondary payer for items or services furnished to a beneficiary.

What happens if mspq is not completed accurately? ›

Willis warns that if staff members capture the wrong information for MSPQ, or determine the incorrect payer order, "it will most certainly result in delays in payment of receivables." In addition, incorrectly labeling Medicare as the patient's primary insurance, or missing payers that are primary to Medicare, often ...

Who completes the mspq form? ›

Providers are required to complete a Medicare Secondary Payer Questionnaire (MSPQ) upon admission of each Medicare patient. A sample of the MSPQ can be found in the Centers for Medicare & Medicaid Services' (CMS) Internet-Only Manual (IOM), Publication 100-05, Medicare Secondary Payer Manual, Chapter 3, Section 20.2.

What is the secondary payer rule? ›

Medicare Secondary Payer (MSP) is the term used by Medicare when Medicare is not responsible for paying first. In other words, any “liability insurance policy or plan,” which includes self-insured plans, must be billed first, prior to any claim presented to Medicare.

Does Medicare accept secondary claims electronically? ›

Electronic claim submission of MSP 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.

How do you bill a secondary claim? ›

After the primary insurance processes the claim, note the allowable amount, the patient responsibility and any adjustments. Submit the claim to the secondary insurance. Make sure to include the original claim amount, how much the primary insurance paid and reasons why they didn't pay the entire claim.

Why must MSPQ be completed? ›

If you have Medicare, the federal government requires that you answer certain questions every 30 days. It is important to complete this form so your services are billed correctly.

How often does MSP have to be filled out for a recurring patient? ›

5. An MSP questionnaire is required every 30 days on recurring patients.

Can you bill an AWV if Medicare is the secondary payer? ›

Q - Can I bill for a Medicare AWV and a commercial insurance preventive visit for the same patient in the same year? A - Yes, you can do this if the patient has both as part of their covered benefits. Some patients have a commercial payer as their primary insurance and Medicare as their secondary.

What is the MSP law for Medicare secondary payer? ›

The MSP provisions have protected Medicare Trust Funds by ensuring that Medicare does not pay for items and services that certain health insurance or coverage is primarily responsible for paying. The MSP provisions apply to situations when Medicare is not the beneficiary's primary health insurance coverage.

How often do you have to ask the MSP questions? ›

Both the initial collection of MSP information and any subsequent verification of this information must be obtained from the beneficiary or his/her representative. Following the initial collection, the MSP information should be verified once every 90 days.

Will Medicare pay secondary if primary denies? ›

What it means to pay primary/secondary. 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 remaining costs.

What is a mspq questionnaire? ›

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. Background.

What is the timely filing limit for MSP? ›

In general, such claims must be filed to the appropriate Medicare claims processing contractor no later than 12 months, or 1 calendar year, after the date the services were furnished. (See section §70.7 below for details of the exceptions to the 12 month timely filing limit.)

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