An individual must meet all factors of general eligibility before we approve an SEP
request. For general eligibility requirements, see HI 00805.270.
Same-sex marriages are treated the same as opposite-sex marriages for purposes of
the SEP. The gender of the married individuals, domicile and date of marriage are
not factors in determining eligibility for the SEP.
Aged individuals in other non-marital legal relationships (NMLR same-sex or opposite-sex),
such as civil unions and domestic partnerships, at the time of the SEP request are
not considered spouses and do not meet eligibility requirements for the SEP.
Disabled individuals in NMLR (same-sex or opposite-sex), such as civil unions and
domestic partnerships, are not considered spouses, but may be considered family members
for purposes of eligibility for the SEP.
Under certain circumstances, we will treat a couple’s NMLR, such as a civil union
or domestic partnership, as a marital relationship for Medicare benefit purposes.
For more information, see GN 00305.005 and GN 00210.004.
For a description of terms used in the SEP, see HI 00805.266. For more information about SEP enrollments, see HI 00805.275.