Medicare Secondary Payer Manual (Pub. 100-05), Ch. 1 § 30.5
MSP Recovery
30.5 – MSP Recovery
(Rev. 11755, Issued:12-21-22, Effective: 01-23-23, Implementation: 01-23-23)
The MSP Manual outlines Medicare’s right to recover payments it has made on behalf
of private insurers that are the primary (or “first”) payers for Medicare beneficiaries.
This information is currently found in Chapter 7 of the Medicare Secondary Payer
Manual. In situations where Medicare is a “secondary” payer, the primary payer must
reimburse Medicare for any benefits that Medicare has mistakenly paid as primary on
behalf of a beneficiary.
The MSP program ensures that Medicare is aware of situations where it should not be
the primary (the first) payer of claims. If a beneficiary has Medicare and other health
insurance, Medicare COB) rules decide which entity pays first. Medicare may make
conditional payments on behalf of beneficiaries so that beneficiaries can maintain
continual Medicare coverage throughout the COB period. Any such payments are
conditioned on reimbursement to the appropriate Medicare trust fund.