Medicare is administered by the Centers for Medicare & Medicaid Services (CMS) and is the federal health insurance program for people age 65 and older, and certain people with disabilities.
Other insurance, or third party liability (TPL), refers to health, long term care, or dental insurance coverage an MHCP recipient may have through private or public funds.
MHCP considers Medicare and TPL primary to MHCP coverage. Verify eligibility through MN–ITS to ensure MHCP and Medicare or other insurance coverage. Providers must bill and receive payment from primary coverage to the fullest extent possible before billing MHCP.
Recipients are responsible to give providers and providers are responsible to obtain TPL and Medicare information and assignment of benefits. Obtain assignment of benefits from the recipient or responsible party.
Request direct payment to you when:
The provider must indicate on the insurance claim that the person is receiving benefits through MHCP.
Review information about authorization requests when a recipient has Medicare/TPL coverage.
Medicare is primary to MHCP. Services covered by Medicare must be provided by a Medicare-enrolled provider and billed to Medicare first. Bill any balance after Medicare payment to other TPL payers. If the total amount received from Medicare and other TPL payers is less than the MHCP allowable, submit a claim for the difference to MHCP for payment of the coinsurance and deductible with appropriate amounts indicated.
In both cases, complete the MN–ITS MN–ITS Interactive Field Completion Guide (PDF) with the all of the adjustments and remarks codes indicated on your Medicare EOMB information. A claim that’s charge and adjustments are out of balance will suspend for review and are considered complex claims that may take up to 90 days to process.
Submit services that are never covered by Medicare directly to MHCP. You do not need a denial from Medicare.
The Basic Care Service rate reductions do not apply to service lines allowed (covered) by Medicare. Service lines denied by Medicare where MHCP is the sole payer are subject to the basis care rate reductions.
Effective Aug. 1, 2012, MHCP began to limit payment on some 837P Professional Medicare B crossover claims with dates of service on or after Jan.1, 2012, only up to the MHCP maximum allowable rate on claim lines where a Medicare coinsurance or deductible has been applied. MHCP payment will be the difference between the Medicare payment and the MHCP calculated allowable where the difference is greater than zero. If the difference is less than or equal to zero, the MHCP payment will be zero. MHCP will also retroactively reprocess 837P Professional claims processed before Aug. 1, 2012, on a two-week cycle beginning in September.
MHCP Calculated Allowable
Medicare Allowed Rate
Medicare Coinsurance or Deductible
$21.77 - $15.30 = $6.47 payment
Line 1: Our allowable after any add-ons or cutbacks is $21.77. Because this line has $19.49 coinsurance, MHCP will pay the difference between the Medicare payment and the MHCP calculated allowable. MHCP pays the MHCP Calculated Allowable of $21.77 minus the Medicare payment $15.30, which equals $6.47. MHCP no longer pays the $19.49 Medicare determined coinsurance.
Providers may choose to opt-out of Medicare (not enroll as a Medicare provider). However, MHCP will not pay for services covered by, but not billed to, Medicare because the provider has chosen not to enroll in Medicare.
Many companies have Medicare replacement policies. Providers must verify whether or not a policy is a Medicare replacement policy. Effective Sept. 26, 2011, if the policy is a Medicare replacement policy, enter the claim as any other Medicare claim, using Claim Filing Indicator 16. If using MN–ITS Direct Data Entry (DDE) to submit your claim, refer to the MN–ITS Interactive Field Completion Guide (PDF) for instructions on which fields must be completed.
A health reimbursement arrangement (HRA) is considered a group health plan and therefore must be treated as third party liability (TPL). Recipients must use funds in the HRA to pay their medical expenses before MHCP pays claims.
TPL coverage, including Veterans Benefits, private accident insurance, and other health care coverage held by or on behalf of an MHCP recipient, is primary to MHCP.
Health saving accounts (HSA) are considered the recipient’s personal funds and are not to be treated as third party liability. An HSA is secondary to MHCP.
Flexible spending accounts (FSA) are not treated as third party libility (TPL).
Follow specific plan coverage rules and policies. A recipient with more than one level of private benefits must receive care at the highest level available. MHCP will not pay for services that could have been covered by the TPL payer if the applicable rules of that plan had been followed.
If a recipient fails to complete forms and cooperate in the TPL billing process, contact the financial worker at the local human service agency (DHS-0005) (PDF) or a MinnesotaCare representative to request help.
Bill TPL payers and receive payment to the fullest extent possible before billing MHCP.
MHCP receives notice that a FFS recipient has other insurance after a provider has billed and received payment from MHCP. MHCP has the right to subrogate the payment by billing the private accident or health care coverage and be reimbursed for MHCP funds that were paid on behalf of a recipient for medical services to an enrolled MHCP provider.
After the private accident or health care coverage reimburses MHCP, the payment responsibility is satisfied. Providers must accept the amount paid by MHCP as payment in full and must not bill the other health insurer or recipient for any additional payment. This includes attempting to replace or void claims with MHCP and then bill the other insurance.
The amount of the MHCP payment substitutes for the TPL payment amount, even if the TPL payment would have been higher.
Providers may bill MHCP after three unsuccessful attempts have been made to collect from the TPL payer, except when the TPL payer has already made payment to the recipient. Attach a copy or screen print of the first claim sent to the TPL payer, documentation of two further billing attempts, and any written communication you received from the TPL payer to the MHCP claim. Do not bill MHCP earlier than 90 days after the initial attempt. Each additional attempt to bill must be 30 days after the previous attempt. Bill MHCP correctly within 12 months of the date of service to be considered for payment.
Bill MHCP only if the TPL payer indicates a patient responsibility. If the TPL does not attribute charges to patient responsibility or non-covered service, MHCP will not pay.
Use only HIPAA-compliant codes to indicate reduction, coinsurance, copay, etc. If the codes you receive from the TPL carrier are not HIPAA-compliant, refer to the HIPAA Code Lists on the WPC website.
Effective Jan. 1, 2012, MHCP no longer accepts an AUC Electronic Claim Attachment for TPL explanation of benefits (EOB). Provide TPL adjustment and payment information within the claim transaction.
Submit TPL adjustment information at the header/claim level or service/line level on the claim. Do not submit adjustment information at both levels. If you submit TPL adjustment information at the header/claim level, MHCP will prorate all paid lines on the claim, which may result in lower payment.
The following claim transactions and provider types must submit TPL information at the header/claim level using MN–ITS or Batch submission to receive appropriate reimbursement:
Refer to the appropriate MN–ITS User Guide for complete instructions on reporting header/claim level information on the Coordination of Benefits (COB) screen.
Effective on and after Sept. 9, 2013, for MN–ITS direct data entry (DDE): TPL information may be entered at the service/line level, (except for the providers listed in the Billing TPL at Header/Claim Level section above). Before Sept. 9, 2013, TPL was entered at the header/claim level and payment calculated on a prorated basis.
Submit TPL information at the line level to report adjustments specific to each line:
Refer to the appropriate MN–ITS User Guide for complete instructions on reporting service/line level information on the Services screen, Other Payer section.
Effective Jan. 1, 2012, for batch submissions: Submit line level TPL information for batch claims (except for the provider types listed in the Billing TPL at Header/Claim Level sectionabove) to report adjustments specific to each line.
For a claim to balance, the TPL/Medicare payment and adjustment code amounts must equal the U&C:
(TPL/Medicare payment amount) + (adjustment codes and amounts) = U&C
If you do not report all adjustment codes and amounts on the claim/line level to balance the claim/line, MHCP may suspend the claim for up to 90 days or deny the claim/line.
MHCP uses HIPAA-compliant claims adjustment reason code 129 and remittance advice reason code M04.
Document any services not covered by Medicare or TPL. Keep documentation (such as a denial, information from policy manual, detailed phone contact information, etc.) in the recipient’s file verifying a service is not Medicare or TPL covered. Although a denial is not required for each claim for non-covered services, providers must document the service’s non-coverage on the MHCP claim:
Bill services that are never covered by Medicare directly to MHCP without Medicare COB information. See provider type specific sections for additional information.
MHCP pursues recovery of benefits when an accident settlement or contested Workers' Compensation benefits are pending, or when legal action may be required.
Providers are not required to bill TPL payers for the following services:
The following government health programs are not considered TPL payers for the purpose of cost avoidance requirements:
Notify DHS of health insurance terminations and denials for people not covered by the policy. Send a copy of the termination notice or denial, or document on your office letterhead all of the following information:
DHS Benefit Recovery Section
If a recipient requests a billing statement, the statement must clearly state that it is not a bill and payment has been made or could be made by MHCP. Providers must report the request in writing to the Benefit Recovery Section.
Providers must not:
When probable liability is not established, or benefits are not available at the time a claim is submitted, MHCP will pay the maximum allowable except when Medicare has denied payment on the basis of secondary payer. The provider must accept MHCP payment as payment in full and must not continue to seek payment from TPL payers with pending liability. If MHCP learns of the existence of a TPL, or benefits become available, MHCP may recover payment directly from the TPL payer.
Minnesota Statutes 62A.045 Payments on Behalf of Enrollees in Government Health Programs
Minnesota Statutes 256B.37 Private Insurance Policies, Causes of Action
Minnesota Rules 9505.0070 Third Party Liability
Minnesota Rules 9505.0071 Assignment of Rights
Minnesota Rules 9505.0440 Medicare Billing Required
42 CFR 405.410 and Balanced Budget Act of 1997 Sec. 4507 Conditions for properly opting-out of Medicare