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

Title 28, Part 1, Chapter 3, Subchapter V, Rule 3.3508 of the Texas 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 exception. If the person is also a Medicare beneficiary, and as a result of the rule established by Title XVIII 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.

Answer by moderator — June 10, 2009 @ 10:14 am

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