Medicare Advantage plans coverage for Same-Sex Couples

The same-sex couples have now been accepted widely as per the law and it is time you know who is Medicare advantage plans eligible.


There was an Act passed in 1996 September that barred the marriage of couples in same sex, in association with other laws. In fact, it was not recognized as a marriage or legal spouses as per the federal laws. However, the individual states now identify the marriages between same-sex, while at the federal level it was not considered as valid. Thus, it means the married couples in same sex cannot qualify through one’s spouse for Medicare advantage plans or policies.


Recent Developments

In the United States, recently, the Supreme Court has reached Medicare and the Social security administration determines Medicare eligibility as the federal agency. The social security administration announced recently that Medicare enrolments can process for spouses of same sex.  Thus the policies permit the same-sex marriages or members to collect automatically social security benefits based on their spouses.


The decision of the Supreme Court ensured the married couples are equally treated under the law.


Why is it important?

The significance in Medicare eligibility guidelines is widespread for the couples in same-sex.

  • U.S. couples of same-sex are protected now with regards to their Medicare advantage plans benefits, despite the state laws that they should choose to live. For instance, same-sex couples who got married in New York but are living in Florida can seek benefits as a couple as they are considered eligible.
  • There are a few federal marriage benefits that may be extended to the same-sex surviving spouse of a partner who recently passed away. This includes the possibility of being eligible for Part A Medicare without a premium, and they can enjoy the death benefits such as Social Security that is granted to surviving spouses.
  • The couples that are in civil unions and domestic partnerships also gain access to some, and not all the benefits.


The same sex couples are allowed to apply for the benefits of Medicare, particularly if they were denied earlier for their applications owing to DOMA. However, some are considered qualified for Medicare advantage plans special enrolment period to get enrolled in Medicare. The beneficiaries of Medicare may be qualified for late-enrollment penalties reductions for Part A and B Medicare, in case the penalty was due to the same sex spouse employment. The best is to understand the same sex marriages policy and to buy one depending on individual circumstances.