SAME SEX MARRIAGES PERFORMED IN NEW YORK
The Marriage Equality Act was enacted in New York on June 24, 2011, with the passage of Chapters 95 and 96 of the Laws of 2011 of New York State, effective July 24, 2011. This Act formally recognizes otherwise-valid marriages without regard to whether the parties are of the same sex or different sex. Chapter 95 of the Laws of 2011 of New York State, section 2.
The act changed New York Domestic Relations Law by adding section 10-a, adding section 10-b, amending section 11 (1), adding section 11 (1a), and amending section 13.
New York Domestic Relations Law section 10-a (2) states that benefits and responsibilities relating to marriage shall not differ based on the parties being of the same sex.
For Medicaid purposes, a same sex spouse is a legally responsible relative. GIS 11 MA/023.
Medicaid lien rules and transfer of asset rules apply whether the spouse is of the same sex or the opposite sex. GIS 11 MA/023.
The definition of “spouse” in the Medicaid Reference Guide now specifies that the term applies to individuals of the same sex who are married. Medicaid Reference Guide, at glossary xxi.
Medicaid Financial Eligibility Rules for Nursing Home Care in New York State already addressed the issue of same sex marriages performed outside of New York State.
Posted 06/03/2012