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Asked: Apr 23, 2010

I have BCBS, my husband carries me through his work with Aetna…

I have BCBS on myself through my employer; my husband carries me through his work with Aetna. According to Teas law; which insurance is primary and which is secondary. Thanks for your help clearing this up.

Categories: In Texas
Plan Types: In Other

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Answers

Title 28, Part 1, Chapter 3, Subchapter V, Rule 3.3508 of the Teas Administrative code states the following.. With respect to categories of non-dependent as related to dependent coverage, the benefits of the plan which covers the person as an employee, member, or subscriber (that is, other than as a dependent) are determined before those of the plan which covers the person as a dependent. There is one eception. If the person is also a Medicare beneficiary, and as a result of the rule established by Title VIII of the Social Security Act and implementing regulations, Medicare is secondary to the plan covering the person as a dependent and primary to the plan covering the person as other than a dependent (e.g., a retired employee), then the benefits of the plan covering the person as a dependent are determined before those of the plan covering that person as other than a dependent. The coverage that you have through your employer BCBS would be considered non-dependent coverage. The coverage you have through your husband’s policy with Aetna is considered dependent coverage. — June 10, 2009 @ 10:14 am

Answered: Apr 23, 2010

 

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