Individuals Not Subject to MSP Provision

30.1 - Individuals Not Subject to MSP Provision (Rev. 11755, Issued:12-21-2022, Effective: 01-23-2023, Implementation: 01-23-23) Medicare is not secondary under the MSP provision for disabled individuals: • Who work or whose family member works for employers having fewer than 100 employees unless the GHP is a multi-employer plan in which at least one employer of 100 or more employees participates; • Covered by an LGHP as a result of past employment (e.g., as a retired former employee or as the spouse of a retired former employee) and whose coverage is not also based on current employment status of their own or a family members current employment status; • Covered by a health plan other than an LGHP (e.g., one that is purchased by the individual privately and not through an employer); • Who have FEHB coverage under the Spouse Equity Act; • Enrolled in Part B only; or • Enrolled in Part A on the basis of a monthly premium.