News

Healthcare Insurance Marketplace and Domestic Violence Victims

  • 5/16/2014
  • National Network to End Domestic Violence

The special enrollment period to select a health  insurance plan for victims of domestic violence who are married and filing separately quickly approaches on May 31, 2014.

The National Network to End Domestic Violence (NNEDV) shares these questions and answers about healthcare enrollment and options for domestic violence victims.

Why does affordable healthcare matter for domestic violence victims?

The Affordable Care Act (ACA) is a strong step forward in ensuring that survivors of domestic violence can access health care without compromising their financial stability. It also helps victims have access to services that would address their abuse and many of the conditions resulting from that abuse before they worsen.

There are a few key provisions of the law explicitly addressing domestic violence:

Since January 1, 2014, the ACA has prohibited insurance companies, healthcare providers, and health programs that receive federal financial assistance from denying coverage to women based on many factors, including being a survivor of domestic or sexual violence.
 Since August 1, 2012, all new and non-grandfathered health plans are required to cover screening and brief counseling for domestic violence, and plans cannot require cost sharing or deductibles for these services.

What if a victim of domestic violence cannot afford to purchase coverage?

Many survivors want coverage, and there are tax credits and cost-sharing reductions available to help make coverage more affordable. On March 26, 2014, the IRS and the Treasury Department announced new guidance that exempts domestic violence victims from the requirement that married couples must file their taxes jointly in order to receive the premium tax credit under the ACA. This means that domestic violence victims, whether married or unmarried, may file their taxes separately and will still be eligible to receive a tax credit to help pay for their premiums.

Also, because of this change, the Department of Health and Human Services has created a special enrollment period for domestic violence victims who previously assumed or were informed that the tax credits were unavailable to them if they were married and not filing a joint tax return. Victims of domestic violence who are married and filing separately can now enroll in health coverage until May 31, 2014.

If you do not already have health coverage, you can learn more and obtain a plan at www.healthcare.gov.

What if a victim of domestic violence does not want to purchase coverage?

First, a person whose income is below the tax filing threshold is not required to purchase coverage. Individuals who do not have to file a federal income tax return are exempt from the “shared responsibility payment” if they do not have insurance. Such individuals are not required to apply for an exemption.

Second, there are a number of hardship exemptions available that can exempt someone from having to buy insurance or make the shared responsibility payment. One of the hardship categories is having “recently experienced domestic violence.” The hardship exemption application is available online here. Importantly, for the domestic violence category, the application requires no documentation of victimization, just a brief statement of why the person is seeking the exemption.

If you need help with enrollment call 2-1-1 to find a Navigator in your area.

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