US · guidance
CMS Pub. 100-16, ch. 4, § 130.7
Medicare as Secondary Payer (MSP) Rules and State Laws
Consistent with Federal preemption of state law, addressed at 42 CFR § 422.402 and 42
CFR § 422.108, a state cannot take away an MAO's right under Federal law and the MSP
regulations to bill, or to authorize providers and suppliers to bill, for services for which
Medicare is not the primary payer. The MAO may exercise the same rights to recover
from a primary plan, entity, or individual that the Secretary exercises under the MSP
regulations as they apply to MA Plans.
(See chapter 8 of the MMCM, “Payments to Medicare Advantage Organizations” for
further discussion of Medicare Secondary Payer and Coordination of Benefits.)
History
(Rev. 121, Issued: 04-22-16, Effective: 04-22-16, Implementation: 04-22-16)
Provenance
- Source
- cms.gov
- Retrieved
- 2026-08-25
- Edition
- iom-2026-08-25
- Content hash
637436fef3bf480acdea96f9701c985f0f85c53254a9f269c54a256c230cc164
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