Bindinglaw

US · guidance

CMS Pub. 100-04, ch. 16, § 90.3.2

Medicare Secondary Payer

activein force · 2026-08-25 – presentas-observed

When processing claims involving Medicare secondary payer (MSP), A/B MACs (B)

should use the MSP payment formula as follows:

When Medicare is secondary, Medicare pays the lowest of:

• The actual charge less the primary payment;

• The amount Medicare would pay if primary; or

• The higher of the Medicare or primary allowable less the primary payment.

The two-step pricing comparison described above is required for calculating MSP

amounts.

History

(Rev. 1, 10-01-03)

Provenance

Source
cms.gov
Retrieved
2026-08-25
Edition
iom-2026-08-25
Content hash
69a8b10f27bee424320c366b1c72f6a51398f0e53b396138a2050ec6928bd4c5
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.
CMS Pub. 100-04, ch. 16, § 90.3.2 — Medicare Secondar… · binding.law