State Law or Contract Provides That No-Fault Insurance Is Secondary to

30.5.3 - State Law or Contract Provides That No-Fault Insurance Is Secondary to Other Insurance (Rev. 11550; Issued: 08-12-22; Effective: 10-13-22; Implementation:10-13-22) Even though State laws or insurance contracts specify that benefits paid under their provisions are secondary to any other source of payment or otherwise limits portions of their benefits to payments only when all other sources of health insurance are exhausted, Medicare does not make payment when benefits are otherwise available. For example, a state provides $2,000 in no-fault benefits for medical expenses and an additional $6,000 in no-fault benefits are available, but only after the claimant has exhausted all other health insurance. In such cases, the Medicare law has precedence over state laws and private contracts. Therefore, under these circumstances, Medicare makes secondary payments only after the total no-fault benefits are exhausted.