Question
What is the name of your state? california
i have a girlfriend i have been with for 11 years. we have a 6 year son and have lived together the past 7. is she able to be covered under my employer's medical coverage?
Answer
What is the name of your state? california
i have a girlfriend i have been with for 11 years. we have a 6 year son and have lived together the past 7. is she able to be covered under my employer's medical coverage?
My response:
Not until you register your Domestic Partnership. The Family Code of California recognizes a formal legal union of eligible non-marital cohabitants as a "domestic partnership." [Ca Fam § 297 et seq.]
Certain unmarried couples are eligible to register with the Secretary of State as "domestic partners," which gives them many of the rights and privileges conferred by the state on married couples.
Registered domestic partners are not, however, the equivalent of married couples in the eyes of the law and do not have all of the rights granted spouses either during life and while their relationship continues, upon formal termination of their relationship, or at death.
Group health care service plans must offer employers coverage for their employees' domestic partners "to the same extent, and subject to the same terms and conditions" as the employees' dependents. [Ca Hlth & S § 1374.58(a)]
Under such coverage, a domestic partner is enrolled and treated as an employee's dependent. The plan may require documentation verifying the domestic partnership registration, and notification upon its termination. [Ca Hlth & S § 1374.58(b),(d)]
IAAL
Answer
Deleted at the suggestion of The Man, although my response would have been correct for any other state.
Answer
Ok, but I have a question. What about self-insured ERISA plans? Does / do you think federal ERISA pre-empts this CA state law? i. e. self-insured plans may still define 'spouse' / 'dependents' according to their own ideas / values / etc. / etc. ? I'm not being combative or argumentative, simply curious about those in the state affected.
lkc15507
Answer
I Live In Illinois And Worked For One Of The Top 3 Largest Health Insurance Companies In The Nation . When They Had To Provide Coverage To The Employees In California With Domestic Partners They Also Provided The Coverage To Us. The Guidlines My Company Followed Were :you Had To Provide Proof Of Domestic Partnership Such As Bank Statements And Mortgage Papers Showing You Had Been Residing Together For At Least A Year. They Did Not Require The Partnership To Be Registered.
Answer
I Live In Illinois
They Did Not Require The Partnership To Be Registered.
My response:
Sweetheart, this is a California thread - - not Illinois. Your response, while mildly interesting, is of no value in California. Insurers must follow California law when doing business in this State - - which leads me to believe that this happened with you many years ago. We require Domestic Partnership registration in this State for insurance and other purposes.
IAAL