ThinkProgress.org, April 3, 2014 – by Andrew Cray

The Centers for Medicare & Medicaid Services (CMS) announced today that same-sex spouses will be recognized in administering several aspects of the Medicare program, regardless of where the couple lives. CMS works with the Social Security Administration to conduct eligibility determinations and to enroll seniors and individuals with certain disabilities in the program. Social Security updated their own marriage recognition policies earlier this week to streamline the handling of marriage-based claims involving transgender people. The announcement is the latest step implementing the Supreme Court’s decision overturning the Defense of Marriage Act (DOMA).

Social Security will now begin processing Medicare enrollment, requests for Special Enrollment Periods, and requests for reductions in late-enrollment penalties  for many same-sex spouses. Eligibility for Medicare Part A and Part B coverage is particularly important for these families, who are disproportionately likely to be uninsured. Medicare Part A coverage is often available without paying a monthly premium, making it important for the many lesbian, gay, and bisexual people who struggle to afford coverage.

CMS’s decision also impacts some people who previously applied for a Special Enrollment Period but were denied eligibility because of DOMA. For some of these couples, Social Security will be able to approve a second request for a Special Enrollment Period, giving more immediate access to Medicare coverage.

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