Domestic partnership benefits for health insurance

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Topic Author
durazno

Domestic partnership benefits for health insurance

Post by durazno »

I just lost my job due to a restructuring and I may elect COBRA for medical and dental insurance. My significant other and I are also discussing applying for a domestic partnership with the state of NY. From what I’ve read, I would be able to get added to her employer’s insurance plan. This article indicates that my premium would be paid after tax.

http://www.insure.com/health-insurance/ ... rtner.html

It also says:

Also, in some instances, an employee who receives benefits for a domestic partner has to pay for the premium with after-tax dollars and then pay taxes again on the cost of the benefit because it counts as income

Would this apply in NY? So if the premium was $100 per month for me, my signifant other would have to pay the $100 after tax and pay tax on the $100 again?

Any other considerations we should make before applying? We plan to get married in the next couple of years. It seems like terminating a domestic partnership is quite simple.

Iced Tea
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arcticpineapplecorp.
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Re: Domestic partnership benefits for health insurance

Post by arcticpineapplecorp. »

Be careful. I believe it's not what she's paying, but what the employer pays for you to be on her insurance that would be taxable (counted as income):
“Since health insurance benefits are typically a pretax benefit, the employee will have to pay income taxes on the portion of the domestic partner’s health insurance premium paid by the employer,” Solomon notes.

For example, if the value of the employer-paid portion of the domestic partner’s health insurance premium is $200 per month, then that $2,400 per year would be considered taxable compensation to the employee.

Solomon says some companies provide tax relief from domestic partner benefits in the form of a “grossing up,” or additional compensation to cover the extra taxes.

“Unless the employer offers a ‘grossing up,’ the employee will either need to pay that tax at the end of the year, or their employer can withhold it from their wages periodically,” says Solomon.
source: http://www.bankrate.com/finance/jobs-ca ... -deal.aspx

It could be cheaper than cobra which to me is cost prohibitive, but run the numbers. Is it possible you'd qualify on the federal marketplace (exchange) for cheaper insurance than cobra, or even medicaid? Not sure about your state but if they were one to do the expanded medicaid, you'd probably qualify as your income would likely be under the limits now that you're unemployed (sorry for the loss), though depends on the amount of unemployment comp you receive. resources should be exluded for medicaid purposes under expanded medicaid. something to look into.
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Topic Author
durazno

Re: Domestic partnership benefits for health insurance

Post by durazno »

Got it. I’ll look into the premiums under her plan. My healthcare needs aren’t met by Obamacare unfortunately. Very few specialists in NY accept Obamacare. Its fine for emergency care, basic needs. I think COBRA will cost $500-600 per month post tax. So how would I do the math to compare? My girlfriend is in the 25% tax bracket. So if the employer’s cost for my insurance under their plan is $400 per month, and our premium for my coverage is $80 per month, does that mean we’d pay $80 plus $100 (400x0.25) per month? Would there be additional tax payments beyond the employer’s cost?

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Watty
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Re: Domestic partnership benefits for health insurance

Post by Watty »

icedtea wrote: Fri Nov 17, 2017 9:14 pm Any other considerations we should make before applying?
You may have to change doctors if they are not under her health plan and you will have to start your 2017 deductible again with the new policy. If you get

You should also consider what happens if you break up or she loses or changes her job. Not all companies are required to have Cobra and those that do may not be required to offer Cobra to domestic partners.

If you are unemployed for a long time that can put a lot of stress on the relationship which could make breakup more likely.
icedtea wrote: Fri Nov 17, 2017 9:14 pm We plan to get married in the next couple of years.
It would be good to run the numbers to see how you would come out financially if you got married sooner. Getting health benefits under her policy could be less expensive and your taxes might be lower if you file a joint return.

To qualify for Social Security under a spouse's account after a divorce you need to be married 10 years. If one of you is in a lot lower paying field it could be to their advantage to get married sooner to start that time period. If either of you were previously married it could be more complex.
Topic Author
durazno

Re: Domestic partnership benefits for health insurance

Post by durazno »

COBRA is going to cost $800 per month. That's horrid.
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dm200
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Re: Domestic partnership benefits for health insurance

Post by dm200 »

icedtea wrote: Mon Nov 20, 2017 8:40 am COBRA is going to cost $800 per month. That's horrid.
Why is this "horrid"? While this may be a large expense for you, it is (within a percent or two) exactly what the coverage costs the former employer.
Topic Author
durazno

Re: Domestic partnership benefits for health insurance

Post by durazno »

dm200 wrote: Mon Nov 20, 2017 8:51 am
icedtea wrote: Mon Nov 20, 2017 8:40 am COBRA is going to cost $800 per month. That's horrid.
Why is this "horrid"? While this may be a large expense for you, it is (within a percent or two) exactly what the coverage costs the former employer.
Your timing is terrible. You're posing a logical statement, sure, but you're essentially telling me, a guy who just got canned for zero reason, that he should think of the bigger picture because his employer used to pay most of that amount. Give it a rest.
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dm200
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Re: Domestic partnership benefits for health insurance

Post by dm200 »

icedtea wrote: Fri Nov 17, 2017 11:01 pm Got it. I’ll look into the premiums under her plan. My healthcare needs aren’t met by Obamacare unfortunately.
Very few specialists in NY accept Obamacare.
Its fine for emergency care, basic needs. I think COBRA will cost $500-600 per month post tax. So how would I do the math to compare? My girlfriend is in the 25% tax bracket. So if the employer’s cost for my insurance under their plan is $400 per month, and our premium for my coverage is $80 per month, does that mean we’d pay $80 plus $100 (400x0.25) per month? Would there be additional tax payments beyond the employer’s cost?
Iced tea
Providers ("specialists") in your case (to the best of my understanding) do not accept or not accept "Obamacare". They choose to accept or be part of health insurance plans. Are you saying that there are no "marketplace" or available health insurance policies available to you (outside of COBRA) that have the specialists that you want or need?
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Re: Domestic partnership benefits for health insurance

Post by stan1 »

icedtea wrote: Mon Nov 20, 2017 8:40 am COBRA is going to cost $800 per month. That's horrid.
You have other options on the individual marketplace. If you think you'll be able to find another job within 6 months that has health care benefits I'd go the COBRA route. If you think it will be longer I'd comparison shop in your state's ACA exchange and on the individual market. I wouldn't consummate a domestic partnership over a few thousand dollars especially if you don't like everything else that comes with a domestic partnership.
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Topic Author
durazno

Re: Domestic partnership benefits for health insurance

Post by durazno »

I have needs for two specialists and these types of specialists don’t accept Obamacare. I went through the research once before here.

What cons do you see with a domestic partnership? This is what I read. The issue I see here is the risk that if she lost her job, I’d lose coverage and would have to wait till Obamacare open enrollment. Isn’t that the case? That is a big one to consider.

Cons for Employees
Taking advantage of domestic-partner benefits also has a downside. If the company pays all or part of the health insurance premiums for your partner, that amount can be added to your income for tax purposes. If you change jobs or move to a new state that doesn't recognize domestic partnerships, you could lose your benefits — including the health insurance that is covering your partner and her dependent children. COBRA insurance coverage doesn't always apply, so it's best to explore the benefit ramifications of a move before you make it.
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Re: Domestic partnership benefits for health insurance

Post by stan1 »

Does the domestic partner benefit on your SO's insurance require you to be legally registered as domestic partners by your state? If so that means you are essentially married from a legal perspective in your state (but not at the federal level). In my state registered domestic partners have to file state tax returns as married not single (but they file their federal return as single). Domestic partnerships are used by heterosexual couples but for the most part they were created to get around same sex marriage and that's now obsolete.
Last edited by stan1 on Mon Nov 20, 2017 9:27 am, edited 1 time in total.
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dm200
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Re: Domestic partnership benefits for health insurance

Post by dm200 »

I have needs for two specialists and these types of specialists don’t accept Obamacare. I went through the research once before here.
I find it difficult to believe that there are NO individual policies (compliant with Obamacare) from providers that do not have a needed "type of specialist" available in their network.
Topic Author
durazno

Re: Domestic partnership benefits for health insurance

Post by durazno »

dm200 wrote: Mon Nov 20, 2017 9:26 am
I have needs for two specialists and these types of specialists don’t accept Obamacare. I went through the research once before here.
I find it difficult to believe that there are NO individual policies (compliant with Obamacare) from providers that do not have a needed "type of specialist" available in their network.
It's hard to imagine but it can be the case in NYC. Last time I researched plans, the nearest specialist for me was about 20 miles away in Long Island, and they had a wait list of 2 months. There were no other specialists for outpatient care, just inpatient.
gtg970g
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Re: Domestic partnership benefits for health insurance

Post by gtg970g »

Be sure to check with her employer regarding the eligibility of domestic partners in the health insurance plan. My wife's employer recently stopped allowing domestic partners to enroll due to the availability of same sex marriage nationwide.
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Watty
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Re: Domestic partnership benefits for health insurance

Post by Watty »

icedtea wrote: Mon Nov 20, 2017 8:40 am COBRA is going to cost $800 per month. That's horrid.
How does that compare to what you would pay as a domestic partner? I would think that if she had an identical plan then the cost would be about the same.

The numbers will vary wildly but if the alternative costs $500 a month and you need a specific specialist that the COBRA would cover then the extra $300 a month might be worth it.
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dm200
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Re: Domestic partnership benefits for health insurance

Post by dm200 »

icedtea wrote: Mon Nov 20, 2017 9:28 am
dm200 wrote: Mon Nov 20, 2017 9:26 am
I have needs for two specialists and these types of specialists don’t accept Obamacare. I went through the research once before here.
I find it difficult to believe that there are NO individual policies (compliant with Obamacare) from providers that do not have a needed "type of specialist" available in their network.
It's hard to imagine but it can be the case in NYC. Last time I researched plans, the nearest specialist for me was about 20 miles away in Long Island, and they had a wait list of 2 months. There were no other specialists for outpatient care, just inpatient.
Are you also sure that your partner's plan covers such specialists?
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arcticpineapplecorp.
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Re: Domestic partnership benefits for health insurance

Post by arcticpineapplecorp. »

dm200 wrote: Mon Nov 20, 2017 8:51 am
icedtea wrote: Mon Nov 20, 2017 8:40 am COBRA is going to cost $800 per month. That's horrid.
Why is this "horrid"? While this may be a large expense for you, it is (within a percent or two) exactly what the coverage costs the former employer.
because the employer can afford it whereas the OP cannot. If the company is staying in business that means it's getting income that exceeds their expenses, whereas for the OP he's unemployed. Therefore, unlike the employer doesn't have income. How's someone supposed to pay for insurance without income?
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arcticpineapplecorp.
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Re: Domestic partnership benefits for health insurance

Post by arcticpineapplecorp. »

stan1 wrote: Mon Nov 20, 2017 9:23 am Does the domestic partner benefit on your SO's insurance require you to be legally registered as domestic partners by your state? If so that means you are essentially married from a legal perspective in your state (but not at the federal level). In my state registered domestic partners have to file state tax returns as married not single (but they file their federal return as single). Domestic partnerships are used by heterosexual couples but for the most part they were created to get around same sex marriage and that's now obsolete.
depends on how the state defines it. In my state when they opened these benefits for domestic partners all they required was two things:
1. the couple be in a committed relationship
2. the couple had lived together for at least 6 months.

YMMV. check the rules of your state.
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Re: Domestic partnership benefits for health insurance

Post by gtg970g »

arcticpineapplecorp. wrote: Mon Nov 20, 2017 12:51 pm because the employer can afford it whereas the OP cannot. If the company is staying in business that means it's getting income that exceeds their expenses, whereas for the OP he's unemployed. Therefore, unlike the employer doesn't have income. How's someone supposed to pay for insurance without income?
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Re: Domestic partnership benefits for health insurance

Post by arcticpineapplecorp. »

icedtea wrote: Mon Nov 20, 2017 9:20 am I have needs for two specialists and these types of specialists don’t accept Obamacare. I went through the research once before here.

What cons do you see with a domestic partnership? This is what I read. The issue I see here is the risk that if she lost her job, I’d lose coverage and would have to wait till Obamacare open enrollment. Isn’t that the case? That is a big one to consider.

Cons for Employees
Taking advantage of domestic-partner benefits also has a downside. If the company pays all or part of the health insurance premiums for your partner, that amount can be added to your income for tax purposes. If you change jobs or move to a new state that doesn't recognize domestic partnerships, you could lose your benefits — including the health insurance that is covering your partner and her dependent children. COBRA insurance coverage doesn't always apply, so it's best to explore the benefit ramifications of a move before you make it.
wouldn't this meet the definition of a "special enrollment period"?
Special Enrollment Period (SEP)

A time outside the yearly Open Enrollment Period when you can sign up for health insurance. You qualify for a Special Enrollment Period if you’ve had certain life events, including losing health coverage, moving, getting married, having a baby, or adopting a child.

If you qualify for an SEP, you usually have up to 60 days following the event to enroll in a plan. If you miss that window, you have to wait until the next Open Enrollment Period to apply.

source: https://www.healthcare.gov/glossary/spe ... nt-period/
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Re: Domestic partnership benefits for health insurance

Post by arcticpineapplecorp. »

icedtea wrote: Fri Nov 17, 2017 11:01 pm Got it. I’ll look into the premiums under her plan. My healthcare needs aren’t met by Obamacare unfortunately. Very few specialists in NY accept Obamacare. Its fine for emergency care, basic needs. I think COBRA will cost $500-600 per month post tax. So how would I do the math to compare? My girlfriend is in the 25% tax bracket. So if the employer’s cost for my insurance under their plan is $400 per month, and our premium for my coverage is $80 per month, does that mean we’d pay $80 plus $100 (400x0.25) per month? Would there be additional tax payments beyond the employer’s cost?

Iced tea
My original post was encouraging you to look into medicaid, not Obamacare because medicaid is cheaper and you'd likely qualify. Your response to my post didn't address medicaid but only addressed Obamacare. So let me expand on my first post.

People often confuse medicaid with Obamacare. They're different. Obamacare is when you purchase insurance on the exchanges. In order to qualify for Obamacare, you have to not be eligible for Medicaid.

To qualify for medicaid on the other hand (in NY) you just have to have income below 138% FPIG (that's $20,783 in annual income for one person, see link below). This is because NY expanded medicaid to cover anyone with income less than 138% of FPIG. That was a result of Obamacare, but medicaid is not Obamacare and not every state expanded medicaid, but do have to comply with Obamacare. If you have below $20,783 in income (I'd assume so now that you're unemployed...though unemployment compensation is income. Are you getting any unemployment compensation?) then you'd qualify for medicaid (NOT OBAMACARE). See the link below:

https://www.zanebenefits.com/blog/2017- ... guidelines

Now people (many on this board) might tell you you won't get good coverage on medicaid but that varies from state to state and I wouldn't assume the coverage you'd get is necessarily worse than those with private insurance. But it's something to look into. And if you did try to get Obamacare and your income is low enough to qualify for medicaid, a referral should be placed with the medicaid office. That would be the cheapest insurance in your situation.

https://www.healthinsurance.org/new-york-medicaid/
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Re: Domestic partnership benefits for health insurance

Post by quantAndHold »

Source for what follows...my personal situation as half of a domestic partnership for several years.

When you get insurance coverage through someone's employer, basically the company pays part of the premium, and you pay part of the premium. Federal law allows both the employer and the employee portion of the premium to be paid before tax for the employee and his/her family. The federal government doesn't consider domestic partnership to be anything at all. You're just two single people to them. So they tax accordingly. The employer may pay the insurance premium, but it's considered regular for the employee, and the amount the company pays will be added to the W-2 as regular income. The part that the employee pays for the premium will be taken out of her paycheck after tax. So no, it isn't double taxed. But 100% of the money is indeed taxed. If your girlfriend is in the 25% marginal tax bracket, for example, and the total premium is $800/month, you have to figure that $200/month is going to taxes. That said, you also pay for either COBRA or an individual policy using post tax dollars.

Be careful what you wish for with the domestic partnership thing. To the feds, you'll be two random strangers who just happen to live in the same house. To the state, you'll essentially be married. The nexus of that is a very weird income tax situation. You may save money on insurance, just to spend it getting your taxes done. The other thing is that I don't know about New York state law, but in many states, marital property laws are the same with both marriages and domestic partnerships. So you can get out of a domestic partnership by signing an affidavit saying you've dissolved the partnership, but if either of you has any money (especially if one has a lot more income or assets than the other), expect the situation to get complicated and expensive and involve lawyers, exactly like a regular divorce.

Domestic partnership is a holdover from the days when gay marriage was illegal. It was never intended to be a substitution for the old school "marriage of convenience" for straight people. Now that gay marriage is legal, companies are phasing out domestic partner coverage, and some states are phasing out domestic partnerships as well. So it might work until you're ready to get married properly, but this is probably not what you want to do long term.

I also question the lack of availability of specialists for your condition on the ACA compliant plans. In NYC? The largest city in the country? Really? Getting an initial appointment with pretty much any specialist is difficult in a lot of places, but once you're established as a patient, it's usually not a problem.

Personally, in the same situation currently, I found that just staying on COBRA until it runs out is the best for me. Yes, I'm paying $600+/month, but the coverage is much better than any individual plan I could find.
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Re: Domestic partnership benefits for health insurance

Post by bigdoofus »

icedtea wrote: Fri Nov 17, 2017 9:14 pm I just lost my job due to a restructuring and I may elect COBRA for medical and dental insurance. My significant other and I are also discussing applying for a domestic partnership with the state of NY. From what I’ve read, I would be able to get added to her employer’s insurance plan. This article indicates that my premium would be paid after tax.

http://www.insure.com/health-insurance/ ... rtner.html

It also says:

Also, in some instances, an employee who receives benefits for a domestic partner has to pay for the premium with after-tax dollars and then pay taxes again on the cost of the benefit because it counts as income

Would this apply in NY? So if the premium was $100 per month for me, my signifant other would have to pay the $100 after tax and pay tax on the $100 again?

Any other considerations we should make before applying? We plan to get married in the next couple of years. It seems like terminating a domestic partnership is quite simple.

Iced Tea
Having done this before in NY for a few years, here's some pointers

1. Make sure you understand what counts as proof of domestic partnership for your SO's company. Some places require a proof of financial interdependence (I used a joint checking account that we set up for this), some places require you just to have registered at the City Clerk for a domestic partnership.

2. Since the IRS doesn't recognize domestic partnerships, the company will generally not cover your part of the spousal coverage. Its shows up on her W2 as an increase to her salary due to the benefits nature (in your case, her salary would appear to go up by $100 per month, but she doesn't get any more money)

3. Terminating is pretty simple, so nothing to worry about there. New York doesn't have common law marriages, so you don't have to worry about any property issues.

EDIT: a few posters have chimed in and I just want to comment on a few of their points

4. Depending on the premium covered by the employer, it still may make financial sense to do this. The taxable benefit is only the partner's share of the employer's cost. If a spousal plan is $1000, and the employer covers $800, the taxable income is around $400 (will be slightly more but HR should be able to tell you what that is). At a 25% tax bracket, that's only a $100 per month hit + $200 premiums. I haven't checked Obamacare in a while, but that should be competitive with Obamacare plans and offer much wider coverage.

5. I haven't found NYS Medicaid isn't usually a good option in these cases since its likely there's too much income. And even then, many doctors won't accept it, or will only take them as inpatient or as clinic appointments. My SO had a similar issue where her specialist wouldn't take state Medicaid except at clinic, and that would have required a day off basically.

6. You might also want to think about it tactically. If you aren't going to the doctor every month and if the employer considers a new domestic partnership a life event, you can wait on both COBRA and the domestic partnership until you really need it. That affords you some time to get a new job if possible and avoid it all.
Last edited by bigdoofus on Mon Nov 20, 2017 2:19 pm, edited 2 times in total.
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dm200
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Re: Domestic partnership benefits for health insurance

Post by dm200 »

because the employer can afford it whereas the OP cannot. If the company is staying in business that means it's getting income that exceeds their expenses, whereas for the OP he's unemployed. Therefore, unlike the employer doesn't have income. How's someone supposed to pay for insurance without income?
Yes - but why should an employer pay benefits/compensation for a former employee? If you were an employer, would you pay compensation for a former employee?
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Re: Domestic partnership benefits for health insurance

Post by dm200 »

Obamacare is when you purchase insurance on the exchanges. In order to qualify for Obamacare, you have to not be eligible for Medicaid.
I disagree. While I doubt there is any legal "definition" of "Obamcare", I often see the term used (and use it myself) to include health insurance policies that conform to (mostly because they are required) the requirments - whether purchased on an "exchange" (with or without credit/subsidy) or directly pruchased fro the insurer/provider.
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Re: Domestic partnership benefits for health insurance

Post by arcticpineapplecorp. »

dm200 wrote: Mon Nov 20, 2017 2:03 pm
Obamacare is when you purchase insurance on the exchanges. In order to qualify for Obamacare, you have to not be eligible for Medicaid.
I disagree. While I doubt there is any legal "definition" of "Obamcare", I often see the term used (and use it myself) to include health insurance policies that conform to (mostly because they are required) the requirments - whether purchased on an "exchange" (with or without credit/subsidy) or directly pruchased fro the insurer/provider.
ok, sorry, I was really just referring to two types: medicaid and non-medicaid (the latter which I called Obamacare, by which I meant that insurance that you buy on the exchange. I.E., that which is NOT medicaid).

If you want to define any insurance that has to meet the minimum standards set by Obamacare, fine. I guess that would include medicaid and all insurance because doesn't ALL insurance now have to meet a minimum standard? So under that definition every form of insurance (including medicaid) is Obamacare.

I don't find it particularly useful to think of it that way because as my original post was discussing that many people apply for insurance through the exchange not realizing they can actually qualify for Medicaid (and should be bounced to medicaid through the process once income is flagged as being within the 138% threshold, dependent upon the state if they expanded medicaid or not). So I try when possible to draw the distinction between medicaid and (what I call) Obamacare (which I really mean any insurance that's not medicaid) because people often don't understand the difference.

Guess it's really just semantics at this point.
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