Medicare Secondary Payer Manual (Pub. 100-05), Ch. 3 § 10.1
Limitation on Right to Charge a Beneficiary Where Services Are
10.1- Limitation on Right to Charge a Beneficiary Where Services Are
Covered by a Group Health Plan (GHP)
(Rev. 11874, Issued: 02-23-23, Effective: 03-24-23; Implementation: 03-24-23)
A provider, physician, or other supplier that receives direct payment from the Medicare program
may not charge a beneficiary if the provider, physician, or other supplier has been paid or could
have been paid by a GHP an amount which equals or exceeds any applicable deductible or
coinsurance amount.
EXAMPLE
A Medicare beneficiary who had GHP coverage was hospitalized for 20 days. The hospital's
charges for covered services were $5000. The inpatient deductible had not been met. The gross
amount payable by Medicare (as defined in Pub. 100-05, Chapter 2) for the stay if there had been
no GHP coverage is $4,000. The GHP paid $4,500 ($840 of which was credited to the Medicare
deductible). Medicare will make no payment, since the plan's payment was greater than
Medicare's gross amount payable of $4,000. No part of the $500 difference between the
hospital's charges and the GHP's payment can be billed to the beneficiary since the beneficiary's
obligation, the deductible, was met by the GHP payment. The provider submits a bill to Medicare
reflecting the appropriate amount paid by the primary payer.