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(MRG) UPDATED: JUNE 2010 5 CATEGORICAL FACTORS LEGALLY RECOGNIZED SAME SEX MARRIAGES Policy: 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. References: GIS 08 MA/023 Interpretation: Individuals of the same sex who have been married in a jurisdiction that recognizes and performs same-sex unions must receive equal treatment and recognition of such marriage. Equal treatment means that terms such as “husband”, “wife” and “spouse” are construed in a manner that encompasses legal same-sex marriages. Factors including but not limited to the following must be evaluated in the same manner for all legally performed marriages:  Required signatures on applications;  Household composition and size;  Budgeting methodology;  Determination of Legally Responsible Relatives;  Spousal and Child Support issues  Health insurance premium payments;  Chronic/long term care budgeting issues, including transfers of resources for SSI-related A/Rs;  Income from trusts;  Homestead and resource exemptions for SSI-related A/Rs  Burial funds;  Estates; and  Liens and recoveries. Disposition: Individuals who have been legally married in a same-sex union will have their eligibility for Medicaid and related programs determined in the same manner as individuals who are legally married that are not of the same sex. Documentation: Documentation of a legally recognized same-sex marriage is only necessary in the same limited circumstances as documentation of any other marriage (for example, when an individual seeks spousal budgeting for long term care).