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Correction: Group Contracting Documents Updated with New Domestic Partner Language

Nov. 12, 2025

(Applies to fully insured groups*)

We have updated the Benefit Program Application with new language around domestic partner eligibility.

What you need to know:
Blue Cross and Blue Shield of Montana has updated the BPA with language that allows us to add domestic partners who live in states where such eligibility is required under state law.

Why are we making this change?
The BPA allows employers to elect whether domestic partners will be eligible for coverage under the plan. If an employer selects no, BCBSMT is unable to process domestic partner enrollment requests sent by the client.

However, several states, including California, require that any group certificate delivered to a resident of that state must allow domestic partner coverage if the plan covers dependents. If a client elected not to cover domestic partners, but they have an employee living in a state that requires it, we couldn’t process that enrollment request. Therefore, Blue Access for EmployersSM has been updated to allow “Domestic Parter” to be selected as an eligibility type even if the group had selected to not cover domestic partners.

What/where is the language change?
BCBSMT is updating the BPA to add the following language:
 

  • BPA: Question #3 ‘Are Domestic Partners eligible for coverage’ has been updated with the following language: A ‘Domestic Partner’ means a person with whom the Employee has entered into a domestic partnership in accordance with the Employer’s plan guidelines. The Employer is responsible for providing notice of possible tax implications to those covered Employees with domestic partners. The Employer is responsible for determining Eligible Employees and Dependents in accordance with applicable law. In some jurisdictions, coverage may be mandatory for certain individuals related to or in a relationship with an Eligible Employee. A selection of “No” in those categories below controls eligibility for coverage unless otherwise required by operation of law. For more details about the Employer’s responsibilities with respect to identification of individuals eligible for coverage under the Employer’s group health plan, this BPA’s General Provisions. An Employer may only elect or change Domestic Partner Coverage on the Group Contract Effective Date or Group Contract Anniversary Date..

What’s not changing?

  • Employers can still elect whether to cover Domestic Partners on the BPA. The new language allows BCBSMT to process domestic partners in situations where the client needs to cover an employee’s domestic partner due to state law but does not generally cover domestic partners for the rest of their employees. “NO” should still be selected if the employer elects not to cover domestic partners for their general employee population.
  • Employers are still responsible for sending their eligibility files/enrollment requests as they do currently. Employers will be responsible for submitting any Domestic Partner Affidavit or documentation requested by BCBSMT.
  • Employers are responsible for compliance with applicable federal or state eligibility and coverage requirements in place for any state in which their employees reside.
  • We will continue to not allow off-cycle changes to remove Domestic Partner eligibility.

What states require Domestic Partner coverage?
BCBSMT is unable to provide information on which states require Domestic Partner coverage. We advise groups to refer to their own legal counsel to determine if any employees living in other states are impacted.

*This article, or a similar version, is being shared with employer groups in the BlueVISIONSM newsletter or news alert.