I am being double-paid by medical insurance and can't fix it. Am I handling this properly? [COMPLEX]?

Okay, through no fault of my own, I am being double-paid by two insurance companies for medical claims. The main goal is to make sure they can’t/won’t charge me with insurance fraud and/or pull coverage because of this situation.

The situation:
– I have a child with Autism.
– Child gets behavioral therapy with an out-of-network provider that does not do billing, so I bill insurance myself.
– Behavioral therapy costs roughly k/wk, or -90k/year
– Child is covered by my employer’s insurance policy, which is not legally obligated to pay the claims (their contract excludes behavioral therapy, and they are not bound by state law that they have to cover it)
– Child has second individual insurance policy, in his name, that is required to cover therapy by Indiana state mandate.
– After talking to both insurance companies, both state they are the primary insurer. Both are aware of the other company, and I have informed each that the other thinks it is primary. (no fraud)
– I submit claims weekly to both insurance companies.
– The individual policy pays me consistently, per the Indiana mandate.
– The employer’s policy pays me intermittently, sometimes stating mental health visit limits not to pay, sometimes not doing so. Legally, I’m pretty sure they do not have to pay. When they do pay, it’s a double-pay, since the individual policy also pays.
– I cannot cancel the individual plan, because the employer plan is inconsisten and may come to it’s senses and not pay/ask for their money back.
– I have to submit claims to the group plan, because if the individual decides it’s secondary, I will need EOBs from the primary.

My resolution:
– I use the individual plan checks to pay for therapy.
– I save the group plan checks in an interest-bearing savings account devoted solely to that purpose, and don’t touch the money.
– If employer plan asks for their money back, I have it.
– If either plan decides it is secondary, I have back EOBs and money to pay for any/all double-payments.

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