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.

Approve all SEP requests filed after May 2013, if all other eligibility criteria are met.

Approve all SEP requests filed prior to June 2013, if:

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  the SEP for the individual did not end before June 2013 and

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  all other eligibility criteria are met.

Deny all SEP requests, including those currently on hold, when the SEP for the individual ended before June 2013. Individuals who have been denied an SEP have the right to appeal the decision. Denied individuals can reapply for enrollment during the GEP, and they may request a premium surcharge rollback as set out in GN 00210.701.

Do not consider the date of the Windsor decision to determine date of entitlement. Entitlement is based on month of filing as set out in HI 00805.276.

Equitable relief is available in limited situations for individuals whose SEP request was denied.

When all eligibility factors listed in HI 00805.270 are met, process the request following the instructions in HI 00805.277.

When any of the enrollment factors listed in HI 00805.270 and GN 00210.700B.3.a is not met, deny the request. Advise the individual of the ability to:

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  Enroll during the next General Enrollment Period, and

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  Request a premium surcharge reduction based on months the individual had GHP/LGHP coverage.

NOTE: Possible equitable relief for the 2014 GEP might be applicable, see GN 00210.700B.3.b. If the equitable relief as set out in GN 00210.700B.3.b is applicable, advise the individual of the ability to submit a 2014 GEP request through May 31, 2014.

If you deny an SEP request following these instructions, send the individual a notice shell from DPS to explain the extended GEP.

Attach a completed form CMS-40B to the notice. Annotate E-GEP in the top right hand corner of the form CMS-40B. Include a courtesy return envelope to the FO. Process the form CMS-40B upon receipt.

If the individual comes in or calls due to the receipt of the notice, answer questions about the extended GEP enrollment and process the form CMS-40B as appropriate.

The suggested language for the notice shell is as follows:

This letter is about your enrollment in Medicare Part B. If you do not qualify for a Special Enrollment Period, you may be eligible to enroll in the General Enrollment Period which has been extended through May 31, 2014 for some individuals. If you have filed a request for a Special Enrollment Period and your request was being held because of a same-sex relationship, you qualify for the extended General Enrollment Period.

We have enclosed the Application for Enrollment in Medicare, form CMS 40-B for your convenience. If you would like to enroll in Medicare during the extended General Enrollment Period, please return this form to us in the enclosed envelope by May 31, 2014. If you enroll in the General Enrollment Period, your coverage will begin July 1, 2014.

If you have any questions about this letter, please call us at 1-xxx-xxx-xxxx. The office hours are xxxxxxxxx.

The following three examples are SEP approvals following general SEP rules.

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  Greg and Harry are married. Greg refuses SMI during the IEP, which ended February 2011. Greg had GHP coverage through Harry’s employer at the time Greg refused SMI and for all months until Harry’s employment ended in May 2013. Greg’s SEP is from June 2013 through January 2014. Greg files an SEP request for SMI on June 10, 2013 and the request is held. Following the issuance of these instructions, the case is reviewed. Approve the request with entitlement based on the month of filing because Greg meets all factors of SEP eligibility.

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  Tim enrolls in SMI during the IEP, which ended April 2008. Tim is the spouse of Charles. Tim voluntarily terminates the SMI effective October 2009 because Tim now has GHP coverage through Charles’ employer starting October 2009. Charles is retiring July 30, 2013, and the GHP coverage will end in July 2013. Tim had the GHP coverage based on Charles’ employment for all months Charles didn’t have SMI. Tim’s SEP is from August 2013 through March 2014. Tim files an SEP request for SMI on August 10, 2013. Approve the request with entitlement based on the month of filing because Tim meets all factors of SEP eligibility.

The following is an example of a SEP approval for a disabled beneficiary covered by an LGHP based on the beneficiary's domestic partner’s employment.

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  Steve and Robert are domestic partners. They are not married. Steve is currently employed and Robert is covered under Steve’s employer’s LGHP. Robert is entitled to Medicare based on DIB. Robert was automatically enrolled in Medicare but Robert refused Part B coverage during the IEP which ended in July 2011. Robert has LGHP coverage for all months Robert was not enrolled in SMI. Robert submits a SEP request on January 14, 2014. Approve the SEP request because it meets the requirements in HI 00805.270. Domestic partners are included as family members as defined in HI 00805.266.

The following are examples of granting equitable relief for a second SEP request following a denial (GN 00210.700B.3.a)

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  Linda and Maria are married. Linda refused SMI during the IEP, which ended February 2009. Linda had GHP coverage through Maria’s employer from February 2009 until the GHP coverage ended in April 2013. Linda’s SEP is from May 2013 through December 2013. Linda filed an SEP request for SMI in April 2013. Linda's request was denied because of the same-sex marriage. In January 2014, Linda files a second SEP request for SMI. Linda's second SEP request is held following instructions in GN 00210.005. Following the issuance of these instructions, the case is reviewed. Linda meets all factors for eligibility with the exception of filing the second request after the SEP ended. Grant equitable relief following instructions in GN 00210.700B.3.a.

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  Mary and Allison are married. Mary refused SMI during the IEP, which ended September 2010. Mary has GHP coverage through Allison’s employer, where Allison currently works, from the time Allison refused SMI to the present. Mary submitted a SEP request for SMI on May 30, 2013 and was denied because of the same-sex marriage. On August 10, 2013, Mary files a second SEP request for SMI. Mary is still in an SEP period since the GHP coverage has not ended. Mary meets all factors for eligibility. Grant equitable relief following instructions in GN 00210.700B.3.a.

The following two examples are approvals following equitable relief for an untimely GEP request following SEP denial (GN 00210.700B.3.b)

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  Jane refuses SMI during the IEP, which ended November 2010. Jane has GHP coverage through spouse, Jill, from August 2010 through July 2012. Jane's SEP is from August 2012 to March 2013. On August 10, 2013, Jane files an SEP request for SMI. Jane's request is held. Following issuance of instructions, the case is reviewed. Jane's request is denied in April 2014, and the FO notifies Jane of the equitable relief following GN 00210.700C.3. Jane files a GEP request on May 14, 2014. Grant equitable relief to process the GEP request as timely following instructions on GN 00210.700B.3.b.

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  Alexander and Mario are domestic partners. They are not married. Alexander is entitled to Medicare based on age and refuses SMI during the IEP, which ended January 2012, because Alexander had coverage through Mario’s employer. Mario loses employer coverage on August 31, 2013. Mario's SEP is from September 2013 to April 2014. On September 18, 2013, Alexander files a SEP request for SMI. Alexander's request is held. Following issuance of instructions, the case is reviewed. Alexander request is denied in April 2014, because Alexander doesn’t meet the requirements in HI 00805.270. Domestic partners are not included as spouses. The FO notifies Alexander of the equitable relief following GN 00210.700C.3. Alexander files a GEP request on May 5, 2014. Grant equitable relief to process the GEP request as timely following instructions on GN 00210.700B.3.b.

The following four examples are SEP denials following general SEP rules in HI 00805.270.

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  Maria and Jennifer are married. Maria refused SMI during the IEP which ended March 2012. Maria filed an SEP request for SMI on August 15, 2013. Maria did not have GHP coverage with the employer or Jennifer’s employer. Deny the SEP request because it did not meet requirements in HI 00805.270. NOTE: The marital relationship is not material to the decision.

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  Samuel refuses SMI during the IEP, which ended November 2008. Samuel and Johnathan marry in February 2011. Samuel obtains GHP coverage after Samuel and Johnathan marry. Samuel has GHP coverage through Johnathan’s employer until December 2013. In December, 2013, Samuel files an SEP request for SMI. Deny the SEP request because it did not meet requirements in HI 00805.270. Samuel did not have GHP coverage for all months in which Samuel was eligible but did not enroll in SMI.

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  Henry is entitled to Medicare based on DIB. Henry is automatically enrolled in SMI. Henry is the spouse of Michael. Henry voluntarily terminates the SMI effective April 2010. Henry files an SEP request for SMI on October 7, 2013. Henry is not able to produce any verification of LGHP coverage based on current employment of himself, Michael or another family member. Deny the SEP request because it did not meet requirements in HI 00805.270.

  NOTE: The marital relationship is not material to the decision.

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  Kim and Kelly are domestic partners. They are not married. Kim is currently employed and Kelly is covered under Kim’s employer’s GHP. Kelly signed up for Medicare during Kelly IEP, which ended April of 2011, but refused Part B because of the GHP coverage through Kim’s employer. Kelly submits an SEP request on April 20, 2014. Deny the SEP request because it did not meet requirements in HI 00805.270. GHP coverage for individuals over the age of 65 has to be from the current employer of the beneficiary or beneficiary’s spouse’s. Domestic partners do not meet the definition of spouse.

The following is an example of a denial based on the SEP ending prior to the Windsor decision in June 2013.

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  Karen refuses SMI during the IEP, which ended January 2010. Karen is the spouse of Shelley. Karen has GHP coverage through Shelley’s employer starting January 2010 and for all months until Shelley retired in September 2011. Karen files a SEP request for SMI on May 5, 2014. Karen's SEP was from October 2011 through May 2012. Because Karen's SEP enrollment period ended prior to June 2013, deny the SEP request.

NOTE: Equitable relief in GN 00210.700B.3.a does not apply because Karen’s SEP ended prior to June 2013 but premium surcharge rollback as described in GN 00210.701 could apply if Karen files a GEP in the future.