Question of the Week – Coverage for an Employee’s Domestic Partner

Posted by BAS - 19 December, 2024

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Q: Is an employer required to offer health plan coverage to an employee’s domestic partner?

A: Employers are not required by federal law to offer health plan coverage to an employee’s domestic partner who is not a dependent. Under the Affordable Care Act (ACA), applicable large employers (50 or more employees) employers are only obligated to provide affordable, minimum essential to full-time employees and their dependent children under the age of 26. The ACA does not define "dependents" to include spouses or domestic partners.

However, some states and local jurisdictions may have specific laws or regulations that require employers to offer health benefits to domestic partners, particularly if they offer benefits to spouses. Additionally, certain collective bargaining agreements or company policies may mandate such coverage. Employers operating in multiple jurisdictions should review applicable state and local laws to ensure compliance.


Benefit Allocation Systems (BAS) provides best-in-class, online solutions for: Employee Benefits Enrollment; COBRA; Flexible Spending Accounts (FSAs); Health Reimbursement Accounts (HRAs); Leave of Absence Premium Billing (LOA); Affordable Care Act Record Keeping, Compliance & IRS Reporting (ACA); Group Insurance Premium Billing; Property & Casualty Premium Billing; and Payroll Integration.

MyEnroll360 can Integrate with any insurance carrier for enrollment eligibility management (e.g., Blue Cross, Blue Shield, Aetna, UnitedHealth Care, Kaiser, CIGNA and many others), and integrate with any payroll system for enrollment deduction management (e.g., Workday, ADP, Paylocity, PayCor, UKG, and many others).

Topics: HR & Benefit Plans, HR & Benefits, health insurance coverage, Applicable Large Employers (ALEs)


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