When there is coverage under more than one group plan, the plan that determines benefits first is called the primary plan, and allows for benefits as provided under the plan. The plan that determines benefits after the first plan is called the secondary plan and benefits are limited so that the total amount from all the group plans will not be more than the actual amount of covered expenses incurred.
The rules for which the Health and Welfare Fund will follow for determining which plan is the primary plan are as follows:
- A plan without a coordination clause will always pay first.
- The plan covering the patient as an employee is primary and the plan covering the patient as a dependent is secondary.
- For a dependent child that is covered under both parent’s plans, the plan of the parent whose birthday is earlier in the year is primary and the other parent’s plan is secondary. (Should both parents have the same birthday, then the plan that has covered the parent longer will be primary.)
- The plan that covers an individual as an active employee is primary and the plan that covers the individual as an inactive employee is secondary. (A participant who is retired or self-paying for COBRA coverage is considered an inactive employee.)
- The plan that covers an individual as an active employee is primary to the plan covering the individual as a self-pay participant.
- The plan covering the individual as other than a COBRA continue pays first. (If both plans do not have this rule, it is ignored.)
In the case of divorced parents, the following line of benefit determination is applied:
- The plan of the parent with custody of the dependent child pays benefits first.
- The plan of the spouse of the parent with custody of the child pays second.
- The plan of the parent without custody of the dependent child pays last.
If none of the above situations apply, the plan which has had the individual covered the longest period of time is primary.
If there is a court decree which would otherwise establish financial responsibility for the health care expenses with respect to the child, the benefits of a plan which covers the child as a dependent of the parent with such financial responsibility shall be primary and any other plan which covers the child as a dependent will be secondary.
In applying the rules for determining which plan is the primary carrier, the provisions of any plan which would attempt to shift the status of this Plan from secondary to primary by excluding from coverage under such other Plan, any participant or dependent eligible under this Plan, shall not be considered.
In the event another plan is determined to be primary and such other plan is either not financially able or refuses to discharge its responsibility such action shall not cause this plan to assume the primary status.
In the event an employee or dependent fails or refuses to comply with the terms and conditions of another plan, thereby resulting in that other plan reducing or denying benefits, this Plan will only provide benefits under the coordination of benefits provision based upon the benefits which the other plan would have provided if the employee or dependent had fully and properly complied with the terms and conditions of the other plan.