The Food and Drug Administration is redefining its definitions of the terms “spouse” and “family” to included legally married same-sex individuals.
The update, outlined in a new guidance document, comes in response to the U.S. Supreme Court's June 2013 decision to deem part of the Defense of Marriage Act unconstitutional.
The change will impact the medical community in several ways, including requiring clinical investigators to disclose the financial interests and arrangements of their same-sex spouses.
Also, when an investigator is unable to obtain informed consent from a clinical trial subject for some reason, the investigator can now ask the subject's same-sex spouse whether he or she objects to their partner's participation in a trial.
Late last year, the Office of Personnel Management redefined a “spouse” to be a partner in any legally recognized marriage. As a result, family and medical leave is now allowed to care for a same-sex spouse with a serious health condition, including the birth of a child. A federal employee also can take time off to care for a same-sex spouse who is a covered service member with an injury or illness incurred or aggravated in the line of duty or on active duty.
In more fallout from the court decision, HHS has announced that the Social Security Administration can process requests for Medicare Part A and Part B special enrollment periods, and reductions in Part B and premium Part A late enrollment penalties for eligible individuals in same-sex marriages.
Follow Virgil Dickson on Twitter: @MHvdickson
Send us a letter
Have an opinion about this story? Click here to submit a Letter to the Editor, and we may publish it in print.
