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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 and group contract with new language around domestic partner eligibility.

What you need to know:
Blue Cross and Blue Shield of Oklahoma 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, BCBSOK 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?
BCBSOK is updating the BPA and the group contract (the GAD) to add the following language:

  • BPA: In the Schedule of Eligibility, the following language has been added: “The Employer is responsible for determining Eligible Employee/Subscribers and Eligible Family Members in accordance with applicable law. In some jurisdictions, coverage may be mandatory for certain members of the Group population. A selection of “No” in those categories below controls eligibility 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, see the Group Administration Document’s General Provisions..”
  • GAD: The Initial Plan Participation Requirements is updated with the following language: “It is the Policyholder’s responsibility, prior to the Policy Effective Date to determine initial plan participation requirements, categories of coverage options, and applicable eligibility mandates for employees, dependents former employees, officers and directors in compliance with all applicable law. The Policyholder acknowledges that the Policy may be subject to different state laws that impact the scope of Eligible Persons. Policyholder agrees to administer eligibility requirements as required by applicable state law and transmit conforming eligibility and enrollment information to BCBSOK. The Policyholder agrees to conduct all notifications due to Eligible Persons concerning such eligibility. The Policyholder acknowledges responsibility for providing notice of possible tax implications to impacted employees.”

What’s not changing?

  • Employers can still elect whether to cover Domestic Partners on the BPA. The new language allows BCBSOK 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 BCBSOK.
  • 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?
BCBSOK 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.