Medicare Secondary Payer Manual (Pub. 100-05), Ch. 2 § 40
Liability Insurance
40 - Liability Insurance
(Rev. 11755, Issued:12-21-2022, Effective: 01-23-2023, Implementation: 01-23-23)
Under (42 U.S.C. 1395y(b)(2)), and outlined in 42 CFR § 411.50, Medicare does not make
payment for covered items or services to the extent that payment has been made, or can
reasonably be expected to be made under a liability insurance policy or plan (including a
self-insured plan). Under certain circumstances, Medicare may make conditional payments
if the liability insurance will not pay or will not pay promptly. Conditional payments are
conditioned on reimbursement to the Medicare program to the extent that payment with
respect to the same items or services has been made, or could be made, under a liability
insurance policy or plan (including a self-insured plan).