Dec 20, 2019
California Governor Gavin Newsom signed Senate Bill 30 on July 30, 2019, allowing all couples to enter into domestic partnerships. Previously domestic partnership in California was only open to same-sex couples or heterosexual couples over 62. The law goes into effect January 1, 2020. Under California Law, registered domestic partners have the same rights and responsibilities as do spouses. By choosing domestic partnership over marriage, heterosexual couples can avoid paying a federal income tax marriage penalty, just as same-sex couples can.
California health care service plans and health insurers are required to provide coverage to registered domestic partners of employees, subscribers, or policyholders under the California Insurance Equality Act. Although the law does not directly require employers to provide health coverage for employees' domestic partners, an employer would not be able to purchase a fully insured plan with spousal coverage that excluded domestic partners. The law does not apply to self-insured health plans.
Highlights of SB 30
- Removes the requirement that couples be of the same sex or of the opposite sex and over 62 to enter into a domestic partnership
- Provides an exemption to the $23 domestic partnership registration fee when one or both domestic partners are over 62
- Removes the requirement that “Declaration of Domestic Partnership” and “Notice of Termination of Domestic Partnership” forms be available at the office of each county clerk
- Requires the “Declaration of Domestic Partnership” and “Notice of Termination of Domestic Partnership” forms be available at the office or website of the Secretary of State
For more information, review the Secretary of State’s website on requirements for Registered Domestic Partners and associated FAQs.
How Carriers Handle Domestic Partner Eligibility for California Health Plans
While the law does not directly require carriers to change their eligibility guidelines, it is important to keep this in mind as it may open eligibility for some individuals. Employers should evaluate whether this change in definition will affect their plans in terms of cost and administration. Moreover, sponsors should review their plan documents to ensure that the definition of Registered Domestic Partner coincides with California law.
Anthem Blue Cross, Blue Shield of California, and Kaiser Permanente base domestic partner eligibility on the definition of Section 297. With the change SB 30 brings, opposite-sex domestic partnerships under age 62 will now be eligible for coverage.
All of our other carrier partners already offer coverage to registered domestic partnerships. In addition, Sharp Health Plan and Western Health Advantage also allow an employer to extend coverage to non-registered domestic partners if they choose. You can see each carriers domestic partner guidelines in our Master Carrier Guidelines (MCG).
“Kaiser,” “Kaiser Permanente,” “Kaiser Foundation Health Plan” and the Kaiser Permanente Logo are registered trademarks or service marks of Kaiser Foundation Health Plan, Inc., in the United States.
