Your Employee Benefit Obligation for Same-Sex Couples

 

With the new laws and regulations surrounding same-sex marriage, insurance procedures must be modified and updated to reflect the new laws.

For fully-insured groups, a special enrollment opportunity under HIPAA is now available for same-sex couples who married legally outside of Florida. Because the state now recognizes unions entered into legally in other states, members can notify their carriers within 31 days of recognition to add a same-sex spouse who is not currently enrolled on the plan.

If you were married before January 5, 2015, or married outside the state of Florida, check with your insurance carrier to verify the Special Enrollment Period.

Self-funded groups should take both state and federal laws into account when developing their next steps. Particularly regarding potential tax implications for overall group health plans, these groups are recommended to speak with legal and tax advisors.

As the Florida Supreme Court continues to deliberate on the constitutionality on Amendment 2, the state must allow same-sex marriages to take place and treat them accordingly and group plans must allow for the enrollment of non-employee spouses in the health plan. However, if the Florida Supreme Court rules the amendment constitutional, thereby banning same-sex marriage, these marriages may be revoked and coverage retoractively declined for non-employee spouses.

Note: Any posts or material published by Keystone Benefit Group should not be taken as legal advice.

 

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