Health Alliance: Illinois Civil Union Law Effective June 1

The Illinois Religious Freedom Protection and Civil Union Act (PA 96-1513) takes effect on June 1, 2011. The new law provides civil union partnerships between same-sex and opposite-sex partners with the same state law protections as those provided under marriage.

As a result of the new law, Health Alliance will now offer coverage to a legally recognized civil union partner as standard. A legally recognized civil union partner shall also be included in any definition or use of the terms spouse, family and dependent, as these terms are used for insurance coverage purposes. This law does not apply to self-funded ERISA plans in which the term spouse would be in accordance with federal law.

Unlike domestic partnership, a civil union partnership is officiated by a judge, public official or any person with the power to solemnize marriages under Illinois law. The date a civil union is officiated would be treated as a qualifying event for special enrollment under a group health insurance plan to add a legally recognized civil union partner as a dependent of the enrollee. In addition, the State of Illinois will automatically recognize an existing same-sex marriage or a civil union officiated in another state as an Illinois civil union partnership starting June 1, 2011. Employers and brokers may contact their account representatives for details.

For My Health Alliance individual plan plans, the applicant would make a selection on the Health Alliance standard application supplemental form that they are applying for coverage of a civil union partner. Coverage would be effective on the first day of the month following underwriting approval for coverage.

Should the Illinois Department of Insurance issue guidance on civil unions, Health Alliance will provide additional details.