Same-sex couple in Buffalo wins health care benefits fight
The day the New York Civil Liberties Union filed a lawsuit seeking spousal health care benefits for a legally married Buffalo lesbian couple, the organization’s director claimed the case seemed like a “slam-dunk.”
Turned out, she was right. Nineteen days after filing the lawsuit against BlueCross BlueShield of Western New York, the NYCLU announced Monday that the health insurance company has agreed to provide such benefits for legally married same-sex couples.
“It turns out it was a slam-dunk, although the lawsuit isn’t settled,” Executive Director Donna Lieberman said Monday. “We’re delighted that Blue- Cross BlueShield has decided to do the right thing.”
On July 9, the NYCLU filed a lawsuit against the company on behalf of the local lesbian couple that said it was denied such health benefits.
Jeanne Kornowicz, a school psychologist in the Cheektowaga Central Schools, and her partner, Joy Higgins, have been together for a decade, and they were married legally in Canada two years ago.
The Buffalo couple again declined interview requests Monday, but Kornowicz did release a statement following the news.
“We are so happy that Joy can now be covered under my health insurance plan, even though we were denied such coverage just months ago,” Kornowicz stated. “This is a huge relief for our family and provides a sense of security for all of us.
“We are also happy that other families will be able to obtain health insurance and the security that goes along with it.”
BlueCross BlueShield acknowledged its new policy on same-sex spousal coverage in a three-sentence statement that cited its desire to be more responsive to customers’ needs as society evolves.
“While this situation brought to light an outdated policy that no longer met the needs of our customers, it also presented an opportunity to be more responsive and showed the company ways that, despite being in a highly regulated industry, we can be more progressive in taking action to please our customers,” the statement read.
According to the lawsuit, Kornowicz asked the Cheektowaga Central Schools to provide health coverage for her spouse in February after learning about an NYCLU victory in a similar lawsuit against Monroe County.
The school district sought to grant Kornowicz’s request, but BlueCross BlueShield of Western New York failed to provide the spousal coverage, according to the lawsuit.
The legal papers claimed that in denying coverage, Blue- Cross BlueShield violated two key principles in state law.
The first is the state’s “marriage recognition rule,” recognizing valid same-sex marriages performed in Massachusetts, Ontario and now California. The lawsuit cited both the Monroe County case and comments from Gov. David A. Paterson’s office, both recognizing same-sex marriages performed in other jurisdictions.
The other key principle cited in court papers is the prohibition against sexual-orientation discrimination found in the state’s Human Rights Law.
Other health insurance companies in New York already adjusted their policies, Lieberman said Monday.
“It’s good news that Blue- Cross BlueShield of Western New York now gets it and has announced a change in their policy,” she added.
While pleased with the health insurance company’s change in policy, NYCLU attorneys emphasized that the lawsuit hasn’t been settled.
The lawsuit seeks unspecified “damages plus interest” for the couple. NYCLU attorneys were seeking reimbursement for the couple’s out-of-pocket expenses, including the health insurance they had to purchase for Higgins starting March 1.
“Those issues still need to be settled confidentially behind the scenes,” NYCLU attorney Matt Faiella said Monday. “We’re hopeful that will happen. If not, the issue will be litigated.”
