Am I being discriminated against if my Registered Domestic Partners job health plan makes him change his plan if I join?

Question

I reside in California and my domestic partner would like to add me to his job of 30 years health insurance plan. We were told he would have to change his plan to an HMO  he has a PPO now. I am pretty sure if we were married he would not have to change his plan. As he had been married before, and doesn't recall ever having to change his plan. Also if i am employed I have to use my insurance policy and his would be considered secondary coverage.

James L. Arrasmith · Answer

Under California law, health insurance plans provided by employers must treat registered domestic partners the same as spouses. If your partner's employer is requiring a change from a PPO to an HMO plan for adding you, it might be worth checking the terms of the insurance policy and the employer's guidelines. Employers cannot discriminate based on marital status when it comes to health benefits. 
 
You are correct in noting that there should not be different requirements for adding a registered domestic partner compared to a spouse. This change in plan type may be an issue of the specific policy rather than a legal requirement. It would be beneficial to get a detailed explanation from the employer or the insurance provider about why this change is necessary. 
 
Regarding primary and secondary coverage, it is common for employers to require employees to use their own employer-provided insurance as primary coverage. This rule usually applies equally to spouses and domestic partners. However, you should still verify if this policy applies to your specific situation and check if any exemptions are possible.

Q: Am I being discriminated against if my Registered Domestic Partners job health plan makes him change his plan if I join?