US · guidance
CMS Pub. 100-05, ch. 5, § 40.5
Primary Payer Is Bankrupt or Insolvent
When a GHP or NGHP primary payer fails to pay primary benefits in accordance with CMS'
policy because it is bankrupt or insolvent, CMS does not make a conditional primary payment and
does not make a Medicare secondary payment until after the conclusion of the bankruptcy or
insolvency proceedings.
After the conclusion of the bankruptcy or insolvency proceedings, providers, physicians, or other
suppliers may file Medicare secondary claims. CMS determines the amount of Medicare secondary
payments, if any, after the conclusion of the bankruptcy or insolvency proceedings.
History
(Rev. 11550; Issued: 08 -12-22; Effective: 10 -13-22; Implementation:10 -13-22)
Provenance
- Source
- cms.gov
- Retrieved
- 2026-08-25
- Edition
- iom-2026-08-25
- Content hash
be7cb37e3351ebad7de6eec14fa8476f508f94475e795c8c62bd0b87e9b37fc5
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