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Tax implications of marriage to ADAP beneficiary
Dec 23, 2014

Hi Jacques,

I'm planning to marry my partner of four years in April of 2015. He will then become eligible to go on my employer sponsored group health insurance. Currently, he receives free treatment from a public clinic and gets his HIV Meds through ADAP. Once we are married, I'm concerned that the cost of the meds and health care services he receives in the first few months of the year could create substantial tax liability for one or both of us. My CPA had never even heard of ADAP so I'm not at all confident in his guidance on this issue. Any recommendations for a more definitive resource for this potential tax issue?

Response from Mr. Chambers

There doesn't seem to be a consistent pattern when it comes to marriage and ADAP eligibility.

ADAP says income eligibility is based on:"You have a Federal Adjusted Gross Income of not more than $50,000. (To determine your Federal Adjusted Gross Income, refer to your income tax forms or visit www.irs.gov)

That would seem to indicate that if you file jointly, they will look a the sum of your two incomes.

However, in the field it appears that some enrollers are separating the two incomes and only using the ADAP applicant's income to determine eligibility.

I would encourage you to contact the ADAP administrator in your state. I'm sure this issue had been settled since there have been members of a heterosexual marriage on ADAP long before we got equal rights so there must already be a policy. I would check with my state, but states don't operate uniformly, and I don't know what state you live in.

Good luck, Jacques


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