April 13, 2024
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Married Gay Couples Covered in Obamacare Family Plan

A man looks over the Affordable Care Act signup page on the HealthCare.gov website in New York in this photo illustration
Under President Barak Obama’s healthcare reform law, the U.S. government has stated that married gay couples will be eligible for a family health policy. The Department of Health and Human Services (HHS) announced that it would extend for one month a temporary program which offers insurance to some of the sickest Americans, who have had trouble finding private plans in the new health insurance marketplaces set up in all of the 50 states under the Obamacare.
The announcement added to the series of delays and modifications which the administration has made to the Patient Protection and Affordable Care Act, commonly called Obamacare since the law was enacted in 2010 and formally launched last October.
Obamacare’s six-month enrollment period ends March 31. Around 4.2 million people have been enrolled in private Obamacare health plans so far and millions more have been found to be eligible for the Medicaid program for the poor, according to the administration. It continues, however, to wrestle with complicated and controversial issues related to the law.
In its decision on gay couples, HHS exercised federal authority to prevent the discriminatory insurance market practices on an issue that has been caught up in state marriage laws. The move follows a February lawsuit filed by an Ohio gay couple, who were unable to obtain family coverage under Obamacare, they said, because their state does not recognize same-sex marriage.
The gay community is a key constituency for Democrats, who are facing a Republican onslaught over Obamacare in this year’s midterm elections for control of Congress. “If an insurance company offers coverage to opposite-sex spouses, it cannot choose to deny that coverage to same-sex spouses,” Dr. Matthew Heinz, who heads HHS outreach to lesbian, gay, bisexual and transsexual communities, said in a posting to a government website. “In other words, insurance companies will not be permitted to discriminate against married same-sex couples when offering coverage. This will further enhance access to health care for all Americans, including those with same-sex spouses.”
A formal clarification from the Centers for Medicare and Medicaid Services (CMS), the lead Obamacare agency within HHS, said the administration is encouraging insurers to voluntarily implement the non-discrimination policy for the 2014 coverage year under the Public Health Service Act. Compliance will be required starting in 2015. CMS said that they are expecting, “issuers to come into full compliance with the regulations as clarified in this guidance no later than for plan or policy years beginning on or after January 1, 2015. We also expect states to begin enforcing the regulations in accordance with this clarification no later than for plan or policy years beginning on or after January 1, 2015.”
Administration officials said the gay marriage decision and extension of the program for people with pre-existing conditions, known as the Pre-Existing Condition Insurance Plan (PCIP), were both intended to help Americans transition to the new healthcare era established by Obamacare. The law requires most Americans to pay a penalty unless they are enrolled in insurance coverage by March 31, which is also when the PCIP program was set to expire. Patient advocates
welcomed the move, saying people with cancer, multiple sclerosis or other serious disorders need time to find insurance plans that meet complicated healthcare needs.
“We encourage patients in PCIP to look at other insurance options, including the health insurance marketplace at HealthCare.gov, as soon as possible so they are assured of coverage beyond the short term,” the American Cancer Society Cancer Action Network said in a statement. The extension came a day after U.S. Health and Human Services Secretary Kathleen Sebelius told lawmakers in Congress that the enrollment deadline would not be delayed.
Administration officials said the PCIP program was being extended through April 30, under congressional authorization that has already allowed for two other extensions. PCIP was originally intended to expire at the end of 2013, but was extended first through January and later through March.


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