Overview
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.”
