With all the changes going on with same-sex spouse legislation, it can be difficult to navigate the waters of what is and is not allowed with coverage for domestic partners and same-sex spouses.
The brief linked below helps explain what your options are when it comes to covering same-sex spouses on your health plan.
- Federal law does not require employers to offer health coverage to same-sex spouses, regardless of whether the health plan is self-funded or fully-insured.
- If an employer is located in a state that permits same-sex marriages and has a fully insured plan that provides coverage for spouses, state insurance law generally requires the employer to offer equal coverage to opposite-sex and same-sex spouses.
- Even if an employer is not required by state insurance law to offer coverage to same-sex spouses, workplace nondiscrimination laws may impact an employer’s decision to offer same-sex spouse coverage.