Health Matters in the 2008 Election

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Focus on an Issue: Health Insurance for Domestic Partners

By Todd Zwillich
Researched by Michele Foust
WebMD Special Report Reviewed by Louise Chang, MD

Finding the best health insurance plan is difficult enough for married partners. But it gets even harder when you try to get coverage for your domestic partner. WebMD answers some of the most pressing questions.

Are health insurance benefits for domestic partners required under federal law?

No. Federal law does not require employers to offer any health insurance benefit to domestic partners or to anyone else.
Does my state require health insurance benefits for domestic partners?

While states have different laws and constitutional provisions regarding domestic partners and same-sex couples, no state requires that health insurance be offered to domestic partners.
Are insurance plans obligated to offer domestic partner benefits?

Generally no. Private insurance plans are not required to cover domestic partners. However, many private employers, including dozens of Fortune 500 companies, and many municipalities do offer domestic partner benefits. Some municipalities are also attempting to mandate that businesses signing contracts with the government offer domestic partner benefits.
How is domestic partner insurance taxed in my state?

The federal government and most states do not give domestic partners the same access to tax breaks on insurance as they give to spouses. But your state could offer some breaks. Check with your State Health Insurance Assistance Program.
Does my employer extend COBRA benefits to domestic partners?

Federal law does not guarantee COBRA benefits to domestic partners, though some employers do offer COBRA-like benefits for same-sex and opposite-sex domestic partners.
Does my employer extend FMLA benefits to domestic partners?

Many employers do extend Family and Medical Leave Act benefits to domestic partners. You should ask at your human resources office.
Can my partner use my flexible spending account?

No. Flexible spending accounts operate on pretax income under federal law. Since federal law does not recognize domestic partners, flexible spending account tax advantages may not be used.
Does my employer allow retirement account rollovers to domestic partners?

Federal law allows employers to amend retirement plans to permit retirement account rollover to domestic partners upon death. But you should ask at your human resources department.
Is my domestic partner an IRS qualified dependent for federal tax purposes?

Generally, federal tax and insurance law does not allow domestic partners to qualify as dependents.
Are domestic partners protected by regulations under the Health Insurance Portability and Accountability Act (HIPAA)?

No. Because domestic partners generally do not qualify as dependents, they are not covered by HIPAA protections.
Do domestic partnerships include both same-sex and opposite-sex partners?

States including Massachusetts, California, and Vermont allow same-sex couples to qualify as domestic partners, though no state officially qualifies same-sex couples as “spouses” or “married.” This can have important tax and benefit implications.
Are my employer's benefits for domestic partners on par with its spousal equivalent benefits?

It depends on your workplace policies. Consult your human resources department.
Are my partner's children covered under our health care benefits?

It depends on your workplace policies.

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Health Matters in the 2008 Election

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