Medicare Secondary Payer Manual (Pub. 100-05), Ch. 2 § 30.3
Disabled Individuals Who Return to Work
30.3 - Disabled Individuals Who Return to Work
(Rev. 11755, Issued:12-21-2022, Effective: 01-23-2023, Implementation: 01-23-23)
If a disabled individual who has LGHP coverage based on prior service to the
employer returns to work, the coverage is considered to be by virtue of current
employment status if the employer provides coverage to similarly situated
individuals who are not disabled. Similarly situated individuals are individuals who work
in the same category of employment and who perform the same amount of work. Such
services may be based, for example, on the number of hours worked or the amount of
earnings. [See 42 CFR § 411.104 for current employment status regulations.]