Section 7702B - Treatment of qualified long-term care insurance

1 Analyses of this statute by attorneys

  1. Court Dismisses Class Claims Brought By Same-Sex Domestic Partners

    Seyfarth Shaw LLPDecember 9, 2014

    The ruling is important for all employers involved in workplace class action litigation.Background To The RulingAs of the date the Dragovich litigation started, same-sex spouses and registered domestic partners were ineligible to receive long-term care benefits under the California Public Employees’ Retirement System pursuant to the Health Insurance Portability and Accountability Act, 26 U.S.C. § 7702B(f) (“HIPAA”). The HIPAA, in turn, excluded such individuals from coverage under state-run benefits plans since it restricted benefits for spouses to heterosexual married couples pursuant to the Defense of Marriage Act, 1 U.S.C. § 7 (“DOMA”), and, omitted unmarried couples from eligibility for benefits.