DOMA Opens Doors for LGBT Americans

Yesterday's post announced The Supreme Court's ruling striking down DOMA and effectively restoring marriage equality in California. Here are more details on how the death of DOMA will affect healthcare for LGBT Americans across the country:

• Same-sex households will now be eligible to share the benefits of employer-based health insurance. 

• Same-sex partners will now have the authority to make medical decisions on behalf of a spouse.

• The cost of healthcare for same-sex couples will likely go down, as they are now eligible for federally guaranteed rights Medicare and Medicaid.

• Same-sex couples in states that recognize their marriage can now qualify for the Family and Medical Leave Act, which gives covered employees 12 work weeks of unpaid leave in a 12-month period for various reasons including the birth of a child, receiving a child through adoption or foster care and for caring for their spouse or child who has a serious health condition.

• In a lot of cases, children of same-sex couples will have expanded access to insurance and various other government protections and benefits that will come automatically as a result of having two legal parents.

• Surviving spouses are now entitled to their deceased spouse's benefits,  such as Social Security payments, and tax-free property left to the surviving spouse that would help the spouse to keep a family afloat.

• But for some same-sex couples, being counted as "one family unit" can negatively affect whether they qualify for various benefits under the law.  For example, same-sex partners who each have an income of $40,000 may be eligible for the premium assistance tax credits under the ACA (the discounts on premiums for low-income-eligible Americans) -- but only if they remain single. (Calculate your premium subsidy HERE!)

HHS Secretary Kathleen Sebelius has vowed "The Department of Health and Human Services will work with the Department of Justice to review all relevant federal statutes and ensure this decision is implemented swiftly and smoothly."