I do not think that they will highlight you even if you gave them your employer's name. You can also call the State of New York Department of Insurance for questions related to your policies and which one is primary too. Typically, the policies have provisions about this too. So as recommened in my last writing to you - please read these provisions too. As noted in the Department's writings online - "an employer may condition coverage of dependents upon the dependent securing coverage through his or her employment, thus making the employer’s policy secondary under applicable coordination of benefit rules. The insurer or HMO, however, may not unilaterally impose such a condition, nor may the HMO condition continuation of coverage on the employer’s imposition of such a requirement." This above information relating to an inquiry from an HMO member is directly taken from the Deaprtment's advisory opinion issued upon request of an insured. See,
In this opinion they also site some other insurance rules which mayh answer your concerns. For example, (n) Order of benefit determination rules. (1) The primary plan must pay or provide its benefits as if the secondary plan or plans did not exist. A secondary plan may take the benefits of another plan into account only when, under these rules, it is secondary to that other plan. . . . (3) The order of benefit payments is determined using the first of the following rules which applies: (i) the benefits of a plan which covers the person as an employee, member or subscriber . . . are determined before those of a plan which covers the person as a dependent; . . . .
As this opinion points out the coverage and order of application is based on the provisions of each of the policies first and foremost. Any other rule is probably based on a case by case basis. However, you can always call the Department of Insurance and pose your question about if the last name rule applies to you. Given the confusion over provisions that exists among insurance non-professionals, submission of a claim in the belief that the insurer, including an HMO, was primary when the insurer was in fact secondary, under the circumstances described, appears to lack the intent necessary to constitute insurance fraud
. In the example given the Board found - "Accordingly, if there is no insurance fraud, the HMO may not terminate the client’s coverage." Why I bring this up is because based on the rules in place it would seem you did not intentionally do anything to defraud the insurance companies and therefore they should not hold that criminally against you. Just my opinion in reading the rules. You may want to ask them directly too. Or look at the other opinions they have published on the net to help folks like you too.
Hope this helps you out. If you found my answer valuable kindly hit accept button too. Thank you in advance. Attorney Alex