Supreme Court decision on same-sex marriage
On June 26, 2015, the U.S. Supreme Court decided that all states must license a marriage between two people of the same sex and honor marriages licensed in another state. As a result of this ruling, fully insured health plans offered by Aetna in all states now cover same sex spouses the same way they cover spouses of the opposite sex.
What this means for Aetna members on insured plans
- Members legally married on or after June 26, 2015 will have 31 days from the date of marriage to enroll their same-sex spouse.
- Aetna offered enrollment for 31 days for members legally married prior to June 26, 2015 who were not allowed previously to enroll their same-sex spouse.
- There will be no special enrollment period for members who were married prior to June 26, 2015 who were allowed previously to enroll their same-sex spouse.
If a member misses an enrollment deadline, they will need to wait for the next open enrollment period, or experience a qualifying event, before adding their spouse.
What this means for your clients
The changes outlined above only apply to insured plans. Self-funded plans should consult with their legal counsel as they decide how to handle eligibility for same-sex spouses.
This ruling does not impact domestic partnership benefits. If, however, a group wishes to make a change to domestic partnership benefits, and state law allows it, we will make the change at renewal.
Groups may still have the option to choose whether they cover employee spouses, but if they cover some spouses, they must cover all.
For additional information, please contact your Aetna representative.
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