Until March 14, insurers in states that do not recognize gay marriage could refuse to insure same-sex couples under the same policy. This cost the victims nothing but disrespect, as there is no marriage discount in the nongroup insurance market. Nonetheless, HHS has now clarified, an insurer is deemed to illegally discriminate if:
The issuer chooses not to offer, on the same terms and conditions as those offered to an opposite-sex spouse, coverage of a same-sex spouse based on a marriage that was validly entered into in a jurisdiction where the laws authorize the marriage of two individuals of the same sex, regardless of the jurisdiction in which the insurance policy is offered, sold, issued, renewed, in effect, or operated, or where the policyholder resides.
