Compliance Alert: SCOTUS Decision on End-Stage Renal Disease
… addition, MSP rules prohibit a group health plan from “taking into account” the individual’s Medicare eligibility or entitlement when determining eligibility and coverage under the group health plan. MSP rules apply to most group health plans, but not health flexible spending accounts (FSAs) and qualified small employer health reimbursement arrangements (QSEHRAs). For age-based and disability-based Medicare, there are exemptions for small employers and individuals whose eligibility is not tied to current employment status; however, for ESRD-based Medicare, such exemptions do not apply. For ESRD-based Medicare, the MSP rules impose two different requirements: The group health …
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