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Text of CMS Alert: Medicare Secondary Payer Working Aged Policy for Group Health Plans -- Definition of 'Spouse'; Same-Sex Marriages (PDF)
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS] Link to more items from this source
[Official Guidance]
June 4, 2014

"If a marriage is valid in the jurisdiction in which it was performed ... both parties to the marriage are 'spouses' for purposes of the [Medicare Secondary Payer (MSP)] Working Aged provisions. Where an employer, insurer, third party administrator, [group health plan (GHP)], or other plan sponsor has a broader or more inclusive definition of spouse for purposes of its GHP arrangement, it may (but is not required to) assume primary payment responsibility for the 'spouse' in question. If such an individual is reported as a 'spouse' ... Medicare will pay accordingly and pursue recovery, as applicable." [Jun. 3, 2014]

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