When is an employer subject to the Medicare Secondary Provision (TEFRA/DEFRA)?

The working aged Medicare Secondary Provision applies only to group health plans of employers with 20 or more employees and to multi-employer and multiple employer group health plans in which at least one employer employs 20 or more employees. This requirement is met if an employer has 20 or more full-time and/or part-time employees for each working day in each of 20 or more calendar weeks in the current or preceding year.

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