Medicare Secondary Payer Manual (Pub. 100-05), Ch. 5 § 30.4
Workers' Compensation Responses
30.4 - Workers' Compensation Responses
(Rev. 11550; Issued: 08-12-22; Effective: 10-13-22; Implementation:10-13-22)
If the MSP Contractor investigation indicates that WC benefits should be paid for the services, the
A/B MAC and the DME MAC denies benefits and notifies the claimant that Medicare benefits are not
payable for services covered under WC. It advises the claimant to file a claim with WC, and, if a WC
claim is filed and denied, the Medicare claim may be reopened. It further advises the claimant that if
the reason for denial of WC benefits is due to the claimant's failure to timely file a claim, Medicare
payment will not be made and the A/B MAC and the DME MAC documents the determination.
When Medicare benefits are denied because all or part of the services are reimbursable under the
Black Lung (BL) program, by virtue of the diagnosis codes submitted, the A/B MAC and the DME
MAC advises the claimant to submit a claim to:
U.S. Department of Labor OWCP/DCMWC
P.O. Box 8307
London, KY 40742-8307
The A/B MAC and the DME MAC advises the claimant that Medicare cannot pay for the services,
because the Federal Black Lung program, administered by DOL, pays primary to Medicare. However,
if DOL does not pay for all services, the claimant or provider of service should resubmit the claim to
the A/B MAC and the DME MAC with a copy of DOL's explanation of its payment.