CMS Pub. 100-05, ch. 3, § 40.3.1

When a liability or no-fault insurer does not make payment e.g., the services are not covered

under no-fault insurance or the individual's insurance coverage expired, the provider bills

Medicare as usual. In addition, the proper occurrence code is shown in FLs 32-35. Occurrence

code 24 is completed to show the date the other payer denied the claim, and the reason for denial

is shown in Remarks (FL 84).

A conditional primary payment may be requested if conditional payment criteria are met.

The provider enters value code 14 with a zero-value amount in FLs 39-41 to indicate the type of

other insurer and that conditional payment is requested. The identity of the other payer is shown

on line A of FL 50, and the identifying information about the insured is shown on line A of FLs

58-60. The provider enters the proper occurrence code in FLs 32-35 and the address of the

insurer in FL 38 or Remarks (FL 84). In addition, an explanation of why the conditional

payment is justified is shown in Remarks (FL 84). (See Pub. 100-05, Chapter 7 for an

explanation of policy and procedures for conditional payment situations for contested, delayed,

or no-fault claims.)

When a GHP does not make payment for the reasons described below, a conditional Medicare

payment can be requested. Conditional payments may be requested where:

• The provider has filed a proper claim under the plan and the plan denies the claim

in whole or in part; or

• The provider fails to file a proper claim because of the physical or mental

incapacity of the beneficiary.

The provider requests conditional primary payment by entering the appropriate value

code to indicate the type of other insurer. Applicable GHP value codes are 12, 13 or 43.

The value amount is completed with zero value in FLs 39-41. In addition, it includes

occurrence code 24 (insurance denied) and the date of denial by the GHP. The identity of

the GHP is entered on line A of FL 50, the identifying information about the insured is

entered on line A of FLs 58-62, and the address of the GHP is entered on FL 38 or

Remarks (FL 84). In addition, the provider enters the annotation "Beneficiary has

appealed or is protesting GHP denial" in Remarks, FL 84.

Neither primary benefits nor conditional primary Medicare payments may be made where

a GHP denies payment for particular services on the grounds they are not covered by the

plan, and the A/B MACs (Part A) believe the plan does cover them. Conditional benefits

are not paid if a plan offers only secondary coverage for services covered by Medicare,

and the

GHP does not allege that the employer has fewer than 20 employees. Conditional primary

benefits are not paid even if the GHP has only collected premiums for secondary rather than

primary coverage. Where a GHP has denied the claim because the plan provides only secondary

coverage, the A/B MACs (Part A) denies the claim for Medicare primary benefits unless the

single employer GHP or multi-employer plan with an approved multiple employer plan

exemption alleges that the employer has fewer than 20 employees.