FAQ Addresses Health Coverage for Same-Sex Spouses


Todd Solomon commented on the new Centers for Medicare & Medicaid Services guidance addressing an insurer’s obligation to offer coverage to same-sex spouses, saying, “If an employer offers coverage to opposite-sex spouses under an insured plan with an insurance contract in a state that recognizes same-sex marriage, then that plan is required to cover same-sex spouses. This is because the insurance contract definition of ‘spouse’ will include same-sex spouse as a matter of state law.” When it comes to employers in states that don’t recognize same-sex marriages, Mr. Solomon said “These plans can continue to deny coverage to same-sex spouses, but they do so at the risk of facing discrimination claims under applicable law.” Read the full article