---
kind: "section"
citation: "42 C.F.R. § 411.204"
title: "42"
number: "411.204"
heading: "Medicare benefits secondary to LGHP benefits."
url: "https://uscodex.org/cfr/42/411.204"
---

# §411.204. Medicare benefits secondary to LGHP benefits.

- (a) Medicare benefits are secondary to benefits payable by an LGHP for services furnished during any month in which the individual—
  - (1) Is entitled to Medicare Part A benefits under [§ 406.12](/cfr/42/406.12.md) of this chapter;
  - (2) Is covered under an LGHP; and
  - (3) **Has LGHP coverage by virtue of his or her own or a family member's current employment status.**
- (b) **Individuals entitled to Medicare on the basis of disability who are also eligible for, or entitled to, Medicare on the basis of ESRD.** If a disabled individual is, or could upon filing an application become, entitled to Medicare on the basis of ESRD, the coordination of benefits rules of subpart F of this part apply.

## Notes

### Source

Source: 60 FR 45371, Aug. 31, 1995, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302, 1395w-101 through 1395w-152, 1395hh, and 1395nn.

### Source

Source: 54 FR 41734, Oct. 11, 1989, unless otherwise noted.