The California Insurance Equality Act (AB 2208)[1][2] is a state law that requires California insurance providers and managed care plans (HMOs) to provide coverage for registered domestic partners that is equal to spousal coverage.[3] The law complements the California Domestic Partnership Rights and Responsibilities Act of 2003[4] (AB 205), which grants registered domestic partners most of the same rights and responsibilities under California law as they belong to married couples.
Impact
editPrior to enactment of AB 2208, California law required insurance providers to provide benefits to domestic partners as dependents. The California Insurance Equality Act now requires domestic partners to be covered as spouses.[5] The act also prohibits employers from asking for more proof of partnership of domestic partners than they ask of spouses.[3] This Act should render insurance benefits payable to domestic partners more easily, without reference to inconsistent and confusing statutory and case law definitions of what constitutes a "dependent" under California law.[6][7] The act also prohibits employers from asking for more proof of partnership of domestic partners than they ask of spouses.[8] However, some types of employee benefit plans are exempt from the law.[9]
References
edit- ^ "THE CALIFORNIA INSURANCE EQUALITY ACT: HOW TO USE IT AND WHAT IT MEANS FOR YOU AND YOUR FAMILY" (PDF). Archived from the original (PDF) on 2011-08-03. Retrieved 2011-10-16.
- ^ Full Text AB 2208
- ^ a b Solomon & Adams 2006, p. 21
- ^ Full Text AB 205 Archived 2011-05-10 at the Wayback Machine
- ^ California health insurers mandated to offer domestic partner coverage
- ^ The California Insurance Equality Act: Real Change or Window Dressing?
- ^ California Insurance Equality Act - Domestic Partner Coverage
- ^ 2005 California Employment Law Legislative Update
- ^ California's Ban on Same-Sex Marriage Held Unconstitutional
- Solomon, Todd; Adams, Joseph (2006), Domestic Partner Benefits: An Employer's Guide (2 ed.), Washington, D.C.: Thompson Publishing Group, ISBN 978-1-930872-27-1
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