I know we have some very knowledgable lawyers here. Long story short, my girlfriend who I live with was laid off as part of mass COVID layoffs. I am considering seeing if I can get her on my health insurance.
My health provider wants me to sign a health care domestic partner avidavit and provide proof of a lease, etc. What is not clear to me (or anyone I talk to at the provider) knows is if signing this and providing the support suffices. Or if I need to Formally be a domestic partner as recognized by the state/local government and need to go through Town hall, etc. Any ideas?
Some companies do, some don't.
Your other option of course is COBRA, which will honor her previous insurance (at higher cost) for 18 months.
There was no formal document needed to be recognzied by the state I lived in.
So I would think if you give the required documents the company requires - because they are paying as part of a group insurance - you'll be fine.
I am even surprised the health provider even cares.......
And you wouldn't need anything from your local/state govt stating you are in a domestic partnership.
Loss of job is generally considered a life event.
Also, if you are in NY, cobra coverage is extended for 36 months.
2) Provided you can cover a DP and you meet criteria, ask your HR/administer to create a Spouse/DP Loss of Coverage event. This is a Section 125 Qualified Status Change and it will need to be dated to coincide with the date in which your DP lost their coverage. This is time sensitive (typically within 30 days), but there are easements in place due to COVID-19.
Additionally, COVID-19 has resulted in some revisions to legislation and guidelines with HIPAA Special Enrollment Periods. Depending on interpretation of legislation at your company, there may be other enrollment opportunities to add the DP (again assuming they meet eligibility) if challenged on the Spouse/DP Loss of Coverage event.
3) Be prepared to understand total costs - including imputed income. Assuming your DP does not meet the threshold for a dependent and thus tax-free benefits, the net benefit gained from covering this DP will result in an imputed income deduction or the amount being reported on your W2, thus impacting your tax return.
Ask to confirm what they will be charging/withholding/reporting to understand total cost (especially against COBRA, etc.).