Medicare Managed Care Manual (Pub. 100-16), Ch. 18b § 140.6
Coordination With Worker's Compensation
140.6 - Coordination With Worker's Compensation
(Rev. 30, 09-05-03)
Medicare may not pay for services that are payable under Workers' Compensation (WC)
laws. Where the Medicare HCPP coordinates its own health organization with WC
coverage, it will use the procedures developed by its own organization to identify and
recover costs for services furnished to Medicare members. When the Medicare HCPP
does not coordinate benefits for its own organization, it must establish reasonable
screening procedures to identify potential WC liability situations. If it is determined that
Medicare has paid for items or services which can be or could have been paid for under
WC, the Medicare payment constitutes an overpayment.
All WC acts require that the employer furnish the employee with necessary medical and
hospital services, medicines, transportation, apparatus, nursing care, and other necessary
restorative items and services. For specific information regarding the WC plan of a
particular governmental entity, contact the appropriate agency of the governmental entity.
If payment for services cannot be made by WC because they were furnished by a source
not authorized by WC, the services can be paid for by Medicare.
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The beneficiary is responsible for taking whatever action is necessary to obtain payment
under WC where payment under that system can reasonably be expected (e.g., timely
filing of a claim, furnishing all necessary information). If failure to take proper and
timely action results in a loss of WC benefits, Medicare benefits are not payable to the
extent that payment could reasonably have been expected under WC.
NOTE: When failure to file a proper claim is due to mental or physical incapacity of the
beneficiary, and the provider could not have known that WC was involved, this rule does
not apply.