While companies can extend their health plans to domestic partners of covered employees, current law doesn’t mandate similar extension of COBRA benefits. That could change.

A bill introduced by Sen. Barbara Boxer (D-CA), the Equal Access to COBRA Act (S. 3182), would change existing law to provide COBRA benefits to same-sex partners who are already covered under an employer’s health plan.

Under COBRA, employers must offer continuing healthcare coverage to departing employees and their beneficiaries for up to 36 months.

The legislation would apply only to companies that choose to extend health benefits to domestic partners. The definition of domestic partner would be up to each company.