Medicaid Eligibility for Legally Recognized Same-Sex Marriages Performed Elsewhere, New York State Office of Health Insurance Programs, Division of Coverage and Enrollment (August 21, 2008)

Statutes, Regulations, and Agency Guidelines

This General Information System (GIS) message alerts Local Departments of Social Services (LDSS) of a new Medicaid eligibility policy regarding recognition and equal treatment of same-sex legal marriages that have been performed outside of New York.

In February 2008, a New York Fourth Department court decision, Martinez v. County of Monroe, held that legal same-sex marriages performed in other jurisdictions are “entitled to recognition in New York in the absence of express legislation to the contrary.” Effective immediately, therefore, individuals who declare that they have been legally married in a jurisdiction that recognizes and performs same-sex unions must, regardless of gender, receive full faith, credit and comity as all other legally married persons when a district makes any Medicaid eligibility and case decision in New York State.