Administrator Alert from Shargel & Co. Insurance Services
Timely Topics for Group Benefits Administrators Issue 18
March 2007
As more employees remain in the workforce after age 65, we're seeing more confusion over the relationship between Medicare and group health coverage. We're also seeing more people subject to Medicare audits. Understanding the rules can ensure that everyone pays the right premiums.
 
All Employers
 
Employers must offer the same level of benefits to employees who are eligible for Medicare as are offered to other employees. It is illegal to discriminate based on age!
 
Part D Note: If you have employees or employees' dependents who are Medicare eligible you must report to the Centers for Medicare and Medicaid Services the status of your plan's prescription coverage (creditable or not creditable) within 60 days of your plan renewal. At present, all of our current clients have creditable coverage.
 
Notification to CMS is only available online at the CMS website at
https://www.cms.hhs.gov/CreditableCoverage/45_CCDisclosureForm.asp
Employee Counts
 
Please note: The number of employees used to determine whether Medicare is primary or secondary is related to the number of full and part-time employees, not how many employees are covered under the group health plan.
 
For Employers with:
2-19 Employees
20+ Employees
2-19 Employees
 
In general, for employers with fewer than 20 employees, Medicare is the primary payor and the group coverage is secondary.

Many carriers offer substantially reduced premiums for employees with Medicare as their primary payor. Employers must provide validation of small group status (<20 ees) at each renewal to qualify for reduced rates.

When Medicare is primary, an employee who turns 65 must sign up for Medicare Part B as group insurance will not cover services that Medicare covers.
 
However, employees should only consider Part D if their employer plan coverage is not creditable (currently all of Shargel's clients have creditable coverage).
Employer Issues with Medicare Primary
 
Make sure you receive the < 20 rate reduction: If you are below the 20 employee mark and you have employees turning 65, be sure to ask us about the rate reduction and what documentation is required to ensure that Medicare is primary.

Be prepared: Be sure to maintain DE-6 payroll records for all years that your company qualifies for Medicare primary coverage.

If Medicare believes a group had 20 or more employees in a certain year, they will back-bill the employers for expenses the group plan should have paid if Medicare was secondary. They may do this years later. You will need your DE-6 records to confirm that Medicare was primary.

20+ Employees
 
For employers with 20 or more employees the group plan is the primary payor and Medicare is secondary.
 
In general, we recommend that employees in this category delay enrollment in Part B Medical Insurance and Part D Prescription Drug Coverage as the group health plan covers these services. (Our clients have group plans that count as Medicare "creditable coverage.")
 
When employees retire, they can enroll on Parts B & D without penalty. After group coverage ends, there is also a six-month guaranteed issue period for purchasing a Medicare Supplement plan.
 
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