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

AIDS Drug Assistance Programsand Marriage Equality

Kyle PalazzoloStaff & HIV Project Attorney

Lambda Legal

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Roadmap

The Status of Marriage Litigation Across the Country

Marital Status and ADAPs

Knowing Your State’s Income Eligibility

ADAPs and the ACA

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The Status of Marriage Litigation Across the Country

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States with the Freedom to Marry

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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.

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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.

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Sixth Circuit

August 6Oral Arguments

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Seventh Circuit

August 26Oral Arguments

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Ninth Circuit

September 8Oral Arguments

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Marital Status and ADAPs

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76,781(49.7%)

Total Clients Served

Total = 154,417

Marriage Equality and ADAPs

StateClients Served

StateClients Served

California 22,702 Connecticut 1,715

New York 17,193District of Columbia

872

Illinois 5,549 New Mexico 726

New Jersey 5,083 Minnesota 640

Pennsylvania 4,653 Rhode Island 551

Massachusetts 4,153 Iowa 487

Maryland 3,691 Maine 353

Washington 2,922 Hawaii 286

Oregon 2,849 Vermont 165

Delaware 2,032 New Hampshire 159

Nearly half of all ADAP clients currently live in states with marriage equality.

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Total Clients Served

Total = 154,417

Looking Forward

Marriage Equality Today

Total Clients Served

Total = 154,417

plusStates with Pending Appeals

53,436(34.6%)

76,781(49.7%)

84%76,781(49.7%)

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“Family”

There are currently 38,681 individuals on ADAP in the11 states and Puerto Rico where ADAPs calculate

financial eligibility based on family income.

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Knowing Your State’s Income Eligibility

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Application Examples

New York (Household)

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Application Examples

Texas (Family)

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Income Eligibility Calculations

Marriage Equality Today

California Minnesota

Connecticut New Hampshire

Delaware New Jersey

District of Columbia New Mexico

Hawaii New York

Illinois Oregon

Iowa Pennsylvania

Maine Rhode Island

Maryland Vermont

Massachusetts Washington

Marriage Equality Tomorrow

AR ID NH PR

CA IL NJ RI

CO IN NM TN

CT KY NV TX

DC MA NY UT

DE MD OH VA

FL ME OK VT

HI MI OR WA

IA MN PA WI

Family Household Individual

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ADAPs and the ACA

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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.

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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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