More PPACA Guidance Clarifies Code Sec. 36B Credit and Other Provisions


Todd Solomon cautioned that, while new guidance from HHS regarding the Health Insurance Marketplaces “requires insurance companies to offer the same coverage to same-sex spouses that is offered to opposite-sex spouses,” this does not include “fully insured plans funded by insurance contracts governed by state laws in states that do not recognize same-sex marriage.” Mr. Solomon also noted that employers with self-funded plans “are not necessarily required to offer coverage to same-sex spouses.”