Resources
Challenge to Domestic Partner Insurance Coverage Mandate
Date:
11/12/2007
Source:
Walter W. Miller
Description:
A few weeks ago, we sent an Employee Benefits Alert advising of the intent of the Oregon Insurance Division to require insurance policies that offer coverage or other benefits to the spouse of a married employee to also provide the same coverage or benefits to the same-sex domestic partner of an employee. This spouse-equivalent treatment would be subject to the employee and their domestic partner registering their partnership with a County, in accordance with new Oregon legislation.
As was mentioned in our Alert, a state can amend its Insurance Code to require that insurance policies cover prescribed expenses. For example, in the last legislative session, the Insurance Code was modified to require the coverage of bilateral cochlear implants.
The mandated coverage of specific expenses is all fine and well. However, dictating the eligibility provisions of an employee benefits plan is something else. In that regard, I believe that the Oregon Insurance Division, in this instance, is overstepping the bounds of its authority.
For that reason, I have sent a letter to the Oregon Insurance Division, challenging its legal authority to impose this mandated coverage on employers. In case you may have an interest in this issue, a copy of my letter is attached.
Should you have any questions regarding the points raised in the letter, please contact Wally Miller.
Download:
challenge.pdf