In the news ... 2008

PRESS RELEASE:
Important information for people with HIV
who are considering marriage following California Supreme Court decision

Since the recent California Supreme Court decision legalizing same sex marriage in the state, Project Inform has received many questions from people with HIV/AIDS who are concerned about potential impact on their public benefits if they get married. Those who rely on public programs such as Medi-Cal, the AIDS Drug Assistance Program (ADAP), Ryan White-funded services or other assistance programs that are based upon financial need may have significant issues to consider when state officials complete a pending review of financial eligibility requirements for same sex couples in light of the recent court decision.

Although most public health care and other assistance programs are Federal and State programs, financial eligibility is determined at the state level. Different income and asset requirements apply to those who are single as opposed to those who are married, The financial status of both partners in a marriage is combined when determining eligibility for most public programs.

Administrators of Medi-Cal, ADAP, and other public programs are currently deciding whether partners in same-sex marriages will be considered individually or as a couple for determining eligibility. There are many issues for these administrators to consider, given that same sex marriages are recognized in California but not at the federal level. Administrators have assured advocates that they share a sense of urgency about providing clear guidance for same-sex couples considering marriage. However, due to the complex nature of the decision, they are not able to provide a definitive timeline for providing that guidance.

Project Inform is urging decision-makers to continue determining eligibility for Medi-Cal, ADAP, other Ryan White programs and other state assistance programs based on individuals’, rather than the couples’, financial need until such time as same sex marriages are recognized at the federal level.

Information about changes in financial eligibility guidelines based on same sex marriage will be posted on Project Inform’s website and made available through our national toll-free hotline at 1-800-822-7422.