Update on Same-Sex Partnerships and Medi-Cal
As an estate planning attorney with a large LGBT clientele, I have had many inquiries about what would happen to CA same sex partners who are or who want to become registered domestic partners, or who are still married in California when one of the partners is on Medi-Cal. Finally, some answers.
(1) MEDI-CAL ELIGIBILITY IMPACT ON REGISTERED DOMESTIC PARTNERS (RDPs) All County Welfare Directors Letter (ACWDL) 09-03
The Federal Centers for Medicare and Medicaid Services have confirmed that federal law does not recognize RDP relationships and that there is no federal reimbursement for any Medicaid expenditure based on RDP relationships. However, RDP rights and responsibilities under AB 205 apply for State-only funded Medi-Cal programs that are not based on federal law.
The Department of Health Care Services has determined that the new law only has an eligibility impact on certain State-only programs.
(2) UPDATES ON SAME SEX MARRIAGE & MEDI-CAL ELIGIBILITY All County Welfare Directors Letter (ACWDL) 09-04
Similarly, marriages between individuals of the same sex are not recognized by the federal government and, there is no federal reimbursement for any Medicaid expenditure based on same sex marriages. However, same sex spouses have the same rights and responsibilities for any state-only funded programs that are not based on federal law. Therefore, counties shall apply the same instructions provided in the above referenced ACWDL when determining eligibility for same-sex couples. These instructions shall also be applied to same sex spouses of legally valid marriages performed in other states as long as the applicant(s)/beneficiary(ies) are current residents of California.
For more information, go to www.dhcs.ca.gov or call me.
Yours for Equality Now,
Helene Wenzel