Wisconsin Health Insurance Domestic Partnership Laws

Domestic partnerships are growing exponentially in the United States. States such as Wisconsin are recognizing and allowing domestic partnerships the same privileges as legally married couples. Wisconsin has a health care plan, "Its Your Choice," which allows a domestic partner and her eligible dependents to be covered under an employee's health care plan. Authorized under Wisconsin's statute Chapter 40, the plan is administered by the Department of Employee Trust Funds (ETF).

Filing an Affidavit of Domestic Partnership

• The affidavit of domestic partnership is to certify a domestic partnership under an authorized benefit program. Both parties must meet all qualifying criteria to be treated as a valid domestic partner. This particular affidavit is solely for Chapter 40 purposes and does not create a domestic partnership under Wisconsin statute Chapter 770.

  The qualifying criteria include but are not limited to both parties agreeing neither is married or in a domestic partnership with another person. Neither party can be related by blood in such a way that would prohibit marriage under Wisconsin law. The partners must share a common residence and they must be considered members of the other's immediately family.

Enrolling in the Domestic Partner and Qualifying Dependants

• After the affidavit is acknowledged by ETF, the employee will receive a letter establishing an effective date of the Chapter 40 domestic partnership. Employees are responsible for filing a group health insurance application/change form (ET-2301) along with a copy of the affidavit of domestic partnership (ET-2371) within 30 day to the benefits office. Retired employees are to file the health insurance application and the affidavit simultaneously with ETF. Health insurance applications not received with in the 30-day enrollment window may result in limited coverage.

  Once the 30-day enrollment period has ended, changes may not be made to the current plan until a later "It's Your Choice" enrollment period. After enrollment, domestic partners and their eligible dependents have a 180-day coverage waiting period for pre-exiting conditions. Pregnant mothers are not limited by the 180-day waiting period.

Terminating a Domestic Partnership

• Terminating a domestic partnership under Wisconsin Chapter 40 statues deems the domestic partner ineligible for continued health care coverage. The coverage for the domestic partner will end at the end of the month following ETF's receipt of the affidavit of termination of domestic partnership. Employees are to simultaneously submit a health insurance change form and a copy of the affidavit to the benefits office. A notarized affidavit is to be submitted to ETF. Retirees submit all forms directly to ETF.

  When a domestic partnership is terminated, family coverage may be switched to single coverage at that time. The new coverage begins on the first day of the month following the receipt of the affidavit of termination of domestic partnership.