Can a traditional health plan claim a right to COB with an HRA or even

[Guest Brenda N.]

I'm looking at page 500-i of the EBIA Cafeteria plans manual, under Other Coordination of Benefits Issues. It looks to me like a traditional health plan could claim a right to COB with an HRA or even with an FSA. I am talking about situations where the spouse has a traditional plan through her employer, and the other spouse has an HRA or FSA with his employer.

We have a situation where the spouse has a traditional plan, and the other spouse (other employer) has only an HRA or FSA. The language in the HRA/FSA says it only pays after all other available coverage. When I go through the NAIC COB rules and my State's rules, there doesn't seem to be anything to prevent a traditional plan from claiming COB rights against an HRA/FSA.

Does anyone believe that a traditional plan would not be able to claim COB rights?

Thanks.