AIDS Drug Assistance Programs and Marriage Equality Kyle Palazzolo Staff & HIV Project Attorney Lambda Legal

1 Roadmap  The Status of Marriage Litigation Across the Country  Marital Status and ADAPs  Knowing Your State’s Income Eligibility  ADAPs and the ACA

2 The Status of Marriage Litigation Across the Country

3 States with the Freedom to Marry

4 Relationship Recognition  Today, a record number of Americans live in states that recognize relationships between same-sex couples:  Nearly 44% of the U.S. population lives in a state with the freedom to marry for same-sex couples.  Over 46% of the U.S. population lives in a state with either marriage or a broad legal status such as civil union or domestic partnership.  Over 48% of the U.S. population lives in a state that provides some form of protections for gay couples.

5 Pending Cases 92 pending marriage equality lawsuits in 33 states and Puerto Rico 59 of these are in federal court; 21 of those are on appeal. 33 are in state courts; 10 of these are on appeal; 25 raise federal claims. There are pending marriage equality lawsuits in all states that do not currently allow same-sex couples to marry, and in all Circuits of the U.S. Courts of Appeals in which not all states allow same-sex couples to marry.

6 Sixth Circuit August 6 Oral Arguments

7 Seventh Circuit August 26 Oral Arguments

8 Ninth Circuit September 8 Oral Arguments

9 Marital Status and ADAPs

10 76,781 (49.7%) Total Clients Served Total = 154,417 Marriage Equality and ADAPs State Clients Served State Clients Served California22,702Connecticut1,715 New York17,193 District of Columbia 872 Illinois5,549New Mexico726 New Jersey5,083Minnesota640 Pennsylvania4,653Rhode Island551 Massachusetts4,153Iowa487 Maryland3,691Maine353 Washington2,922Hawaii286 Oregon2,849Vermont165 Delaware2,032New Hampshire159 Nearly half of all ADAP clients currently live in states with marriage equality.

11 Total Clients Served Total = 154,417 Looking Forward Marriage Equality Today Total Clients Served Total = 154,417 plus States with Pending Appeals 53,436 (34.6%) 76,781 (49.7%) 84% 76,781 (49.7%)

12 “Family” There are currently 38,681 individuals on ADAP in the 11 states and Puerto Rico where ADAPs calculate financial eligibility based on family income.

13 Knowing Your State’s Income Eligibility

14 Application Examples New York (Household)

15 Application Examples Texas (Family)

16 Income Eligibility Calculations Marriage Equality Today CaliforniaMinnesota ConnecticutNew Hampshire DelawareNew Jersey District of ColumbiaNew Mexico HawaiiNew York IllinoisOregon IowaPennsylvania MaineRhode Island MarylandVermont MassachusettsWashington Marriage Equality Tomorrow ARIDNHPR CAILNJRI COINNMTN CTKYNVTX DCMANYUT DEMDOHVA FLMEOKVT HIMIORWA IAMNPAWI FamilyHouseholdIndividual

17 ADAPs and the ACA

18 HRSA Recommendations  Policy Clarification Notice #13-03:  The Health Resources and Services Administration strongly encourages Ryan White Program grantees to consider aligning their financial eligibility requirements with the new Affordable Care Act Modified Adjusted Gross Income (MAGI) methodologies.

19 ACA Financial Eligibility  Eligibility for insurance affordability programs under the Affordable Care Act is based upon household income and family size.  “Household” is determined by the tax relationship among individuals, including their living arrangements, legal status, and other factors.

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