Domestic Partners & Texas Health Insurance

Texas does not recognize domestic partners and does not include sexual orientation in its anti-discrimination law. Hence, private insurance companies and employers have the power to decide whether or not they will offer health insurance to domestic partners.

State Laws

• Texas passed a constitutional amendment in 2005 that states: "Marriage in this state shall consist only of the union of one man and one woman. This state or a political subdivision of this state may not create or recognize any legal status identical or similar to marriage." As a result, domestic partners cannot claim any right to joint health insurance plans. Furthermore, Texas does not give partners any hospital visitation or decision-making rights, unless the partners signed a legal document giving each other such rights beforehand.

Insurance Providers

• The industry information website Health Quote 360 states that at least nine insurance companies offer plans to domestic partners residing in Texas. Health Quote 360 also reports that while joint plans offer identical benefits and simplified billing, providers rarely offer discounts to domestic partners.

Employers

• Nationally, roughly 20 percent of employees have the option of adding their domestic partner to their employer's group plan and 83 percent of Fortune 100 companies offer the benefit. In north Texas (no data exists for the whole state), this number drops to 5 to 10 percent, according to a 2010 study published in Voluntary Benefits Magazine, mostly with large companies.

Issues

• The study recommended that Texan employers consider the proven recruiting and retention benefits of offering health insurance to employees' partners. Unfortunately, even when domestic partners can get joint health insurance, the 1996 Defense of Marriage Act prohibits any federal entity from recognizing domestic partnerships. As a result the Internal Revenue Services taxes joint policies for domestic partners (married heterosexual couples can deduct the expense).