Health insurance benefits for domestic partners vary state by state.
Health insurance options for domestic partners change drastically depending on where you live and, to a lesser degree, who you work for. Domestic partner laws and regulations in the U.S. change by state and sometimes between municipalities. Where the state does not have legislation explicitly stating how domestic partners can be treated by insurance companies, the options and policies differ from company to company. However, note that--regardless of local law and your relationship status according to your state--the federal government will not let same-sex couples deduct health insurance costs from taxable income because it does not recognize any same-sex relationship.
California
Article 297.5 of the California Family Code states that domestic partners have the same rights and responsibilities as married persons in the state of California. For health insurance, this means that any employer providing a health plan to which employees can add spouses must also allow employees to add registered domestic partners. Similarly, any insurance company offering plans to spouses must offer the same plans to domestic partners.
District of Columbia, Washington, Oregon and Nevada
Nevada, Oregon and Washington all have "everything but marriage" laws which, at least in theory, provide all of the rights and responsibilities to domestic partners within the state, but give the partnership a different name. In these three states, domestic partners have the right to file jointly on insurance forms. In Nevada, domestic partners are entitled to the same treatment under group policies; in Washington and Oregon partners can file jointly, but as of June 2010 it is unclear if employers and insurance companies are required to provide inclusive policies. D.C. has same-sex marriage and domestic partnerships for partners of any gender, all of which can file jointly on insurance forms.
Colorado, Wisconsin, New Jersey, Maine and Maryland
All of these states offer some form of domestic partnership that does not include insurance benefits as a state-mandated right. While the state governments may not recognize joint policies as a right, many insurance companies offer such policies to registered domestic partners. Policies and regulations change frequently and differ from insurance company to insurance company, so do your research well. However, the state government probably will not let you deduct the cost of a policy from your state taxes, and the federal government definitely won’t.
Other Types of Unions
Wherever same-sex marriage is legal, couples enjoy full insurance rights. This means that same-sex couples are entitled to joint policies either through an employer’s group policy or through an insurance company. Couples may deduct the cost of health insurance from state taxes. Likewise, in states and municipalities allowing civil unions, registered couples will find it easier to get health insurance, though employers and insurance companies may not be required to offer it.
Other States
Many insurance companies and employers offer partner benefits regardless of what local laws stipulate about domestic partners of any gender. Policies differ between companies, so talk to your employer or an insurance representative about the options and requirements. The insurance company will probably make you provide a statement or some documentation proving that you are in a committed and long-term relationship with your partner.
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