Gastroenterology Coding Alert

Reader Question:

Observe That Primary Payer Determination Uses Birthday Rule

Question: We recently made a claim for services provided to a minor patient by billing his mother's insurance. We received a call from the mother stating that we made a wrong claim as per the "birthday rule." The mother's birthday is 09/27/1977, and the father's birthday is 10/21/1973. The mother is of the opinion that we should have billed the father's insurance as he is older to her. What is the "birthday rule" and whose insurance should we have billed?

Wisconsin Subscriber

Answer: You'll only follow the "birthday rule" in determining which parent's insurance is primary when the child is covered under the insurance plans for both parents. You'll find this rule typically applies to children whose parents are not separated or divorced, or dependent children of parents with joint custody.

How it works: The birthday rule says that for a dependent child of parents who are not legally separated or divorced, the insurance of the parent whose birthday falls earlier in the year is the primary payer.

The key: "Birthday" in the birthday rule refers to the month and day in a calendar year, not the year in which the parent was born. It doesn't matter which parent is older. So the insurance of the parent whose birthday comes earlier in the year becomes the primary insurer, and the spouse's insurance becomes the secondary insurer.

Based on this rule, in your case, the mother's insurance is primary as her birthday is in September while her husband's birthday is in October. So you were correct to bill her insurance if the payer you are billing follows the birthday rule.

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