Domestic Partner Health Benefit Law in California

California has an extremely comprehensive domestic partnership law that confers all the legal rights and responsibilities of marriage on registered domestic partners (furthermore, California continues to recognize the validity of thousands of same-sex marriages performed during 2008 before Proposition 8 passed). In addition, California passed a law in 2005 --- the California Insurance Equality Act -- that further clarifies and specifies health benefits and other insurance benefits for domestic partners.

California Insurance Equality Act

• The California Insurance Equality Act (also known as AB 2208) is an anti-discrimination act that expressly prohibits insurance companies from distinguishing between married couples and domestic partners. The act requires insurance companies to provide identical plans to married couples and domestic partners, and offer plans to domestic partners wherever plans are offered to married couples. The legislation applies to all types of insurance, though it has the most impact on health insurance, which has employment and tax ramifications.

Employer-Based Insurance

• The Act does not require employers to provide insurance coverage past what California law already requires. However, if an employer provides health insurance for spouses, the group policy through which that insurance is supplied must also cover any domestic partners.

Enforcement

• The act went into force in January 2005, with the responsibility on insurance companies to bring existing policies into compliance and ensure that all new policies do not discriminate between married couples and domestic partners. Instances of discriminatory treatment after January 2005 should be reported to the Department of Managed Healthcare or the Consumer Services Division of the California Department of Insurance.

Definition

• Domestic partners are "two adults who have chosen to share one another's lives in an intimate and committed relationship of mutual caring," according to Article 297 of the California Family Code. However, in order to enjoy the benefits to which California law entitles domestic partners, partners must register with the Secretary of State.

Registry

• Partners must sign an affidavit and file a Declaration of Domestic Partnership with the Secretary of State in order to be considered registered domestic partners. The affidavit states that the signing partners share a residence, not be married or officially partnered with anyone else, be over 18, be of the same sex or over 62, not be related by blood and consent to the partnership.