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Name of Manual - Blue Cross and Blue Shield of Minnesota

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Claims Filing<br />

TEFRA The 1982 Tax Equity <strong>and</strong> Fiscal Responsibility Act (TEFRA)<br />

applies to employers with 20 or more employees. Under TEFRA,<br />

group health coverage becomes the primary payer <strong>and</strong> Medicare<br />

the secondary payer for active employees between ages 65 <strong>and</strong> 70.<br />

TEFRA applies to active employees from the first day <strong>of</strong> the<br />

month <strong>of</strong> their 65th birthday to the first day <strong>of</strong> the month following<br />

their 70th birthday.<br />

DEFRA Effective January 1, 1985, the Deficit Reduction Act (DEFRA)<br />

exp<strong>and</strong>s the TEFRA aged workers guidelines to include dependent<br />

spouses (ages 65 to 70) <strong>of</strong> actively employed workers under 70.<br />

COBRA On April 7, 1986, the Consolidated Omnibus Budget<br />

Reconciliation Act (COBRA) amended the Working Aged<br />

Provision to eliminate the age 69 limit. Medicare will no longer<br />

become primary payer when an employed person turns age 70 or<br />

the spouse <strong>of</strong> an employed person turns 70. The group remains<br />

primary payer until the employee retires.<br />

OBRA The Omnibus Budget Reconciliation Act (OBRA) <strong>of</strong> 1986<br />

introduces the term ‘‘active individual’’ <strong>and</strong> defines it as the<br />

employee, the employer, or individual associated with the<br />

employer in a business or family relationship. Medicare will now<br />

be the secondary payer for disabled Medicare beneficiaries who<br />

elect to be covered by an employer-based group health plan, either<br />

as current employees or family <strong>of</strong> such employees. The minimum<br />

number <strong>of</strong> employees under this provision is set at 100. The<br />

employer’s insurance pays primary.<br />

8-42 <strong>Blue</strong> <strong>Cross</strong> <strong>and</strong> <strong>Blue</strong> <strong>Shield</strong> <strong>of</strong> <strong>Minnesota</strong> Provider Policy <strong>and</strong> Procedure <strong>Manual</strong> (05/10/12)

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