Both Parents Carry Health Insurance. Dad will ONLY use His!

[great_ideas]

What is the name of your state (only U.S. law)? Indiana

My ex and I both carry insurance for our daughter. I recently discovered that my ex will not use my insurance (it is free through work to all employees, spouses, children, stepkids). He tells the doctor's office NOT to file on it. He is the CP. He pays for his health insurance (I actually do through child support), and it has higher copays and less benefits. I am responsible for a percentage of the medical costs after dad has spent so much each year!

My question is this, can dad just NOT use the insurance that I provide? Does the doctor's office have an obligation to bill my insurance even if dad tells them not to? I have told dad's insurance company that our daughter has 2 different health insurance plans. Unfortunately they are with different companiwes, or it may be easier to avoid dad's avoidance of my insurance.

[Silverplum]

Originally Posted by great_ideas

What is the name of your state (only U.S. law)? Indiana

My ex and I both carry insurance for our daughter. I recently discovered that my ex will not use my insurance (it is free through work to all employees, spouses, children, stepkids). He tells the doctor's office NOT to file on it. He is the CP. He pays for his health insurance (I actually do through child support), and it has higher copays and less benefits. I am responsible for a percentage of the medical costs after dad has spent so much each year!

My question is this, can dad just NOT use the insurance that I provide? Does the doctor's office have an obligation to bill my insurance even if dad tells them not to? I have told dad's insurance company that our daughter has 2 different health insurance plans. Unfortunately they are with different companiwes, or it may be easier to avoid dad's avoidance of my insurance.

Sure, he can use whatever insurance is valid. Why is this an issue?

[justalayman]

is there some reason you can not file the residual claim with your insurance company?

[great_ideas]

Originally Posted by Silverplum

Sure, he can use whatever insurance is valid. Why is this an issue?

It becomes an issue for 2 reasons.

1. When I give the insurance information to the doctor's office and they have to refile they get mad. My insurance is supposed to be primary. (per the first CO. The current CO does not address health insurance. Whatever is not covered in the new CO you use the old CO for, correct?)

2. Dad's insurance has higher copays and pays less. Dad and I both have higher expenses when he uses his insurance.

Originally Posted by justalayman

is there some reason you can not file the residual claim with your insurance company?

I do refile with my insurance. It is a pain in the tush. The insurance I have is supposed to be primary according to the 2 companes. My ex tells his insurance and the doctor's office that I no longer have insurance if they ask. Every few months he changes clinics.

I just wanted to know if it was illegal to force one company to pay all of the costs when our daughter has 2 different health care policies.

Thank you for your answers.

[Zigner]

Originally Posted by great_ideas

I just wanted to know if it was illegal to force one company to pay all of the costs when our daughter has 2 different health care policies.

Thank you for your answers.

If that's ALL you really wanted to know, your answer is "no"

You're welcome!

[ecmst12]

If your insurance is primary, then his shouldn't pay until after yours. Is his plan aware that there is other coverage that's supposed to pay first?

[great_ideas]

Originally Posted by Zigner

If that's ALL you really wanted to know, your answer is "no"

You're welcome!

Thank you. That is what I needed to know.

[great_ideas]

Originally Posted by ecmst12

If your insurance is primary, then his shouldn't pay until after yours. Is his plan aware that there is other coverage that's supposed to pay first?

He keeps telling his plan that my insurance no longer exists. I give the doctor's office copies of everything everytime this happens. A big problem is that he keeps changing our daughter's doctor. I spoke to the insurance company, and I told them that if I ever terminate the insurance plan I have I will notify them. I sent them a copy of the CO. Nothing seems to help!

[justalayman]

Originally Posted by ecmst12

If your insurance is primary, then his shouldn't pay until after yours. Is his plan aware that there is other coverage that's supposed to pay first?

BINGO!!!

I do refile with my insurance. It is a pain in the tush. The insurance I have is supposed to be primary according to the 2 companes. My ex tells his insurance and the doctor's office that I no longer have insurance if they ask. Every few months he changes clinics.

then her insurance company is apparently dumb. They should be rejecting the claims altogether until there is a balance shown after your insurance paid.

The insurance I have is supposed to be primary according to the 2 companes

then why is his insurance even paying the claims?

I just wanted to know if it was illegal to force one company to pay all of the costs when our daughter has 2 different health care policies.

It may be. It is often not a matter of choice but often a function of law. I'm not overly versed in insurance law so I will leave that to one of the folks like betty or moburkes that live insurance.

[ecmst12]

No one is forcing the company to pay claims they're not responsible for. They are being stupid. They should not be taking your plan information off her file without a written termination letter from your company.

[momm2500]

do you know who his insurance company is? you should send them copies of the original court order and advise them that you do have insurance. otherwise you could obtain the following:
A Custodial Parent is entitled to receive certain information or documentation regarding their custodial child(ren).

Necessary Documentation:

Qualified Medical Child Support Order


Copy of the divorce decree or separation agreement including:


The top page which lists the plaintiff and the defendant.


The last page which has the stamped file date.


The page that specifies who has custody of the child or the child's primary residence.


The page that specifies who is responsible for the child's health insurance.


Contact his insurance company and supply them the above. At least they will have the documentation on file.

since you are responsible for the balance of the bills, I would push the issue!!!