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Illegal to submit claim to health insurance that someone else paid for with no intention of reimbursing them?



My ex and I are to split uninsured health care costs 50/50. This means I pay them out of pocket and submit the receipts to him for reimbursement. He hasn't paid me in 8 months and now I understand he is planning to submit the receipts to his insurance (which I was unaware that he had) to see if they will pay them, even though he has not paid anything out of his pocket.

Is this legal? It would seem that would be fraud.

It's not fraud, it's legal. All heath care expenses should be submitted to all insurance companies prior to splitting the costs. He would be required to inform you of his health insurance and should be required to pay you his 50%, regardless if he gets reimbursed by his insurance company or not. This is something a lawyer needs to get involved in. But if it's small dollars, it's not worth it because the lawyers will cost more. For the future, do not pay for any health care costs till he submits to his insurance also. Tell him he is required to share his insurance info with you so that you can make sure they are submitted up front. Talk to someone who represents your insurance company and ask how to get that info if he won't share it with you. They will be eager to share the cost with another company. If that won't work, let your health care providers know there is another insurance provider and they can call him directly.
Doesn't seem to be fraud to me. If it is a real health expense that he is going to be expected to pay a fraction of, even if that payment is still in the future, it is probably okay to submit the claim. The only way to know whether this is allowable under the terms of his insurance policy is to read a copy of the policy itself. Having not seen the policy, it seems that people probably often submit claims that they have not yet paid in full, as is the case here. Doesn't appear to be illegal to me.
I'd call his insurance company and explain the situation to them. They may cover your costs as a "secondary".
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