JUSTIA 10 - Badge
AARP / Real Possibilities - Badge
National Academy of Elder Law Attorneys, Inc. - Badge
Super Lawyers - Badge
People Love us On Yelp / 2017 Award Recipient - Badge

Can I Have Both Employer Insurance and Medicare?

Sowards Law Firm

When signing up for Medicare, some people have other insurance, such as coverage from a current employer, or retiree’s or military insurance. Beneficiaries of Original Medicare or Medicare Advantage may keep their additional coverage, as the providers work together to bear health care costs.

Can You Have Medicare and Private Insurance?

People may have Medicare and other insurance simultaneously for several reasons.

  • Some Medicare enrollees have retiree health coverage through their (or a spouse’s) former employer.
  • Others remain in the workforce past 65 and are on employer-backed insurance or are enrolled in their working spouses’ insurance.
  • Younger people with disabilities can receive Medicare coverage while also on their employer’s insurance.
  • Active and retired service members and their families can get health coverage through Tricare while also enrolled in Medicare.
  • Qualifying individuals with limited income and resources can obtain Medicare and Medicaid coverage at the same time. This is called being dually eligible.

Allocating Coverage

People with more than one insurance provider may receive more coverage, as the providers allocate costs. Depending on the situation, Medicare might be the primary payer, or the other insurance provider may act as the principal insurer. Once the primary payer has covered the maximum amount, the secondary payer contributes to the remaining costs. Each insurance source will determine what and how much coverage it provides for services and treatments.

Though the coverage can be greater with multiple providers, you may be responsible for outstanding fees that neither program fully includes.

For those with two insurance providers, the “Medicare & You” handbook as well as the guide to “Who Pays First” (both in PDF format) explain the protocol that determines which provider is the primary payer.

In general, Medicare pays first when people have retiree health coverage or receive coverage from a smaller organization. An employer’s coverage typically takes precedence when it originates from current employment at a larger organization.

  • Covering costs first, Medicare is the primary insurance for those who also have retiree health coverage.
  • Medicare is also the first insurer for older adults with current employer health coverage when the company has less than 20 employees.
  • It is also the primary payer for younger people with disabilities with current employer coverage from establishments with fewer than 100 workers.

In other instances, Medicare is the secondary payer.

  • The employer’s insurance pays first for those who receive insurance because they or their spouse currently works at a larger business (more than 20 employees). Then Medicare covers the remaining costs.
  • For disabled people with coverage based on their or their family member’s current employment at a larger organization (more than 100 employees), the employer’s insurance is the primary payer.
  • Tricare is the primary insurer for individuals on active duty or those receiving care in a military hospital, clinic, or federal health care provider. Others on Tricare get Medicare coverage first.

How Medicare and Medicaid Work Together

Those who qualify for Medicare as well as Medicaid can receive assistance from both programs. When people benefit from both programs, Medicare is the primary payer. If both Medicare and Medicaid cover the same service or treatment, Medicare pays first, and Medicaid contributes to any remaining costs.

Sometimes, Medicaid will pay for expenditures that Medicare does not cover. Medicare Part A bears hospital fees, Part B extends to outpatient medical costs, and Part D applies to prescription drugs. However, Medicare generally does not take care of nursing home expenses, which Medicaid can cover.

Please feel free to reach out to us at (408) 371-6000 or info@SowardsLawFirm.com with any questions or concerns.

Additional Reading

Client Reviews

I recently had the pleasure of working with Sowards Law Firm to create my estate plan, and I couldn’t be more satisfied with the experience. My company has a legal help portal where I discovered Sowards Law Firm, and I’m so glad I chose them. From the start, the entire process was incredibly smooth...

Prashant Joshi

They made it pretty easy for us to set up the legal entity we needed. Everyone we talked to was knowledgeable, professional, and considerate. We had to work around a difficult schedule, and the folks at Sowards made it work.

John Brawn

Everyone at Sowards Law Firm was extremely kind, helpful, and professional in helping me manage all of the legal work required after my husband passed away. They explained everything clearly, and focused on what would be the best options for me in the future. I’m grateful for their assistance and...

Lyn Savage

I have been working with Sowards Law Firm for all my estate needs and their service is impeccable, with the upmost professionalism. They walk you through scenarios in detail so that you can make informed decisions. I highly recommend this team.

Debra A

They made it SO EASY! Everything was explained and explored in regards to figuring out how to organize and structure. Very thoughtful and thorough. I will definitely recommend them, and have sent all of my clients their info to get their affairs in order.

Cindy Selleos

I used Sowards for my Estate planning needs. The firm provided excellent advice, and made the process very easy to complete in an expeditious manner. Each person that I interacted with was professional, friendly and competent. I have confidence that this multi-generational law practice is a solid...

Karen Bryant

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Certified Specialists in Estate Planning

Fill out the contact form or call us at (408) 371-6000 to schedule your free consultation.

Leave Us a Message