HIPAA for domestic partners
Nov 28, 2005
My partner and I are currently covered under her group health insurance policy at LA Unified School District in California where she works. If I die before she does, the district does not extend coverage to me and I am not eligible for Cobra. My question is: Are domestic partners eligible for HIPAA coverage in California?
Response from Ms. Franzoi
HIPAA is a federal law. It requires that each health insurer that offers health insurance coverage in the individual market may not decline to offer coverage to or deny enrollment of an eligible individual. An eligible individual is defined as anyone who seeks an individual policy and has been covered under a plan that provided creditable coverage, is not eligible for coverage under a group plan, Medicare or Medicaid and doesn't have other health insurance, has not had a break in coverage greater than 63 days and who, if offered the option of COBRA, elected such coverage and exhausted it. Based on this, it appears that you would be able to get a HIPAA policy in California if you lost coverage under your partners plan and had no other options.
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