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The birthday rule is a common claims practice health insurance companies use when children are listed as dependents on two parents' group health plans. The rule helps determine which health plan is the primary policy and which is secondary so that total coverage does not exceed 100 percent of charges.
The Employee Retirement Income Security Act of 1974 (ERISA), designates that the birthday rule can be applied to determine which plan is the primary health plan for the children of working parents, according to the child support guidelines from the Center for Policy Research.