Post-Windsor (2013) and Obergefell (2015), counties must treat married same-sex spouses the same as married opposite-sex spouses for Medi-Cal eligibility purposes under both MAGI and Non-MAGI rules. Rules applying to spouses for spousal impoverishment, undue hardship, long term care, and HCBS waiver programs shall apply the same to both same-sex and opposite-sex married spouses. These changes are effective immediately.
DHCS will clarify rules regarding registered domestic partners, which were not affected by the Supreme Court decisions in Windsor or Obergefell.
DHCS ACWDL 17-27 (July 31, 2017).