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Same-Sex Spouses and Registered Domestic Partners
In 2015, the U.S. Supreme Court held that same-sex marriages are valid, regardless if State law recognizes them. Effective June 26, 2013, all same-sex couples are treated the same as opposite-sex couples for Non-MAGI MC eligibility.
Note: This decision does not affect the policy for Registered Domestic Partners (RDPs).
Registered Domestic Partners
Effective January 1, 2005, AB 205 extended the rights and responsibilities of a spouse under state law to RDPs. AB 205 also extended these rights and responsibilities to a member of a legal union validly formed in another jurisdiction that is equivalent to a California RDP.
A Registered Domestic Partnership exists when:
- Two individuals of the same sex complete a notarized Declaration of Domestic Partnership that is signed by both partners and filed with the Secretary of State
- Two individuals of the opposite sex complete a notarized Declaration of Domestic Partnership that is signed by both partners and filed with the Secretary of State AND one or both of the individuals is over age 62.
- A legal union between two individuals of the same sex, other than a marriage that was validly formed in another state, is also valid in California if it is substantially equivalent to a registered domestic partnership as defined by AB 205.
Note: For MC purposes, domestic partners are not required to verify their status. They only need to indicate on the application that they are domestic partners and then sign under penalty of perjury.
Eligibility for Medi-Cal
Federal law does not recognize RDP relationships, however, RDP rights and responsibilities under AB 205 apply for State-only funded MC programs that are not based on federal law.
RDPs are not eligible for federal MC benefits unless:
- They are a natural or adoptive parent of a child in the MFBU
- The name of both RDPs appear on the child’s birth certificate
- They can establish eligibility linkage on their own behalf (e.g., by being aged, blind, disabled, pregnant, etc).
The RDP may be eligible for certain state-funded MC programs because he/she is treated as a spouse under state law. These state only programs include:
- Dialysis Program - Dialysis and supplemental dialysis-related services (Aid Code 71)
- Total Parenteral Nutrition (TPN) Program - TPN only services of the Special Treatment Program (Aid Code 73)
- The Medically Indigent Adults in Long-Term Care (LTC) program - LTC for individuals who have no linkage to federal programs (Aid Code 53)
- Minor Consent program - Confidential services for individuals under 21 who meet the definition of a child. (Aid Codes 7M, 7N, 7P, 7R)
- State-funded Breast and Cervical Cancer Treatment Program (BCCTP) - Breast cancer treatment for 18 months; cervical cancer treatment for 24 months for those individuals not eligible for the federal BCCTP.
If the RDPs have a mutual child (a natural/adopted child of one RDP that has been adopted by the other RDP), or the name of both RDPs appear on the child’s birth certificate, treat both parents as unmarried parents of the child when determining MC.
California RDPs have the same rights, protections and benefits, and are subject to the same responsibilities, obligations and duties under law granted to and imposed upon spouses in civil marriages.
Each RDP must establish his/her own federal MC eligibility without considering the presence of the other RDP. If no federal eligibility exists, treat the RDPs as spouses for purposes of determining eligibility for one of the State-only programs described above.
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