An insurance company that offers health coverage to heterosexual couples must do the same for same-sex spouses.
PROTECTIONS AGAINST DISCRIMINATION
As long as a couple is married in a jurisdiction with legal authority to authorize the marriage, an insurance company can’t discriminate against them when offering coverage. This means that it must offer to same-sex spouses the same coverage it offers to opposite-sex spouses.
This is true regardless of the state where:
– The couple lives
– The insurance company is located
– The plan is sold, issued, renewed, or in effect
MARRIED SAME-SEX COUPLES AND LOWER COSTS
– The Marketplace also treats married same-sex couples the same as married heterosexual couples when they apply for premium tax credits and lower out-of-pocket costs on private insurance plans. This is true in all states.
– In most cases, a married couple has to file a joint federal tax return to be eligible for premium tax credits and other savings on Marketplace plans.
– When you apply for coverage in the Marketplace, you will be asked if you are married. If you and your spouse plan to file a joint federal tax return for 2016, select “yes.” If you do not file a joint federal tax return, you are not eligible for the tax credit.