Published: August 13, 2008 04:00 am         

Otsego won't cover gay unions

COOPERSTOWN _ Otsego County Treasurer Myrna Thayne has amended the county's health care plan to specifically exclude same-sex couples, regardless of their legal status.

Thayne, who serves as administrator to the county's self-insured plan, delivered this news to many county employees in their paycheck envelopes about two weeks ago, according to Jennie Gliha, the county's personnel officer.

``That's how I found out,'' Gliha said Tuesday.

Members of the Otsego County Board of Representatives were notified of the change last week after their meeting.

``I did this to save the taxpayers money,'' Thayne said Tuesday. ``As the administrator of the plan, it's my duty to try to contain costs, and this is part of that.''

In a memorandum signed July 15, purporting to take effect June 17, Thayne informed employees that:

``The Otsego County Health Plan is amended to clarify that same-sex spouses are not covered under the plan.

``The definition of dependent in the section entitled `Definitions of some terms used in this booklet' is amended (new terms in bold) as follows:

`Dependent means your child or legal spouse from whom you are not legally separated or divorced or whose marriage has not been legally annulled. A common law spouse, civil union partner, same-sex spouse or domestic partner is not recognized as your legal spouse under the Plan, even if it is recognized in the state or municipality of residence.'''

Thayne noted that the wording runs counter to coverage provided by New York state's health insurance plan, ``but because we're self-insured, we only have to follow the federal guidelines,'' she said.

Federal rules allow same-sex partners to be denied coverage, Thayne said.

County Board Chairman James Powers, R-Butternuts, criticized the change.

``I think it was done wrong and it is wrong, period,'' Powers said. ``Gay people get sick, too, and when they do, they need medical attention.''

Powers said that even if Thayne has the power to act independently from the board, ``she should have taken this to the Administration Committee, where we could have talked about it.''

Rep. Greg Relic, R-Unadilla, who chairs the Administration Committee, said he was surprised by Thayne's decision.

``This didn't come from our committee; we haven't even discussed it,'' he said Tuesday. ``I didn't find out until it was e-mailed, and when I read it, I said, `Holy mackerel!'''

The decision to cut costs by cutting out same-sex partners was not reviewed by the county's Health, Education and Agriculture Committee, according to committee Chairwoman Betty Anne Schwerd, R-Burlington.

Schwerd added that she believes the decision will not affect too many people.

``I think county employees are going to be more worried about getting a contract,'' said Schwerd, noting that CSEA employees have been working without one for more than a year and a half.

Rep. Marti Stayton of Oneonta, one of four Democrats on the board, called the change ``very distressing. I'm worried about the decision and I'm worried about the process that resulted in this decision.''

John Imperato, president of CSEA Local 8100, which represents county workers, said he has heard from a few union members upset by the change. In an e-mail late Tuesday night, Imperato said he met with Thayne on Tuesday to discuss the change.

"She is within her right to perform said change as the (health-insurance) administrator for the county," he said. "As far as the CSEA Unit 8100 is concerned, we do not have jurisdiction over this item as it does not change or lessen our existing benefit."

He added that with the county and CSEA in negotiations, it is possible the policy and health-insurance carrier could change.

County Attorney James Konstanty said he thought Thayne had acted in the county's best interest by making it clear that domestic partners will not be covered.

``I don't think this will affect more than a couple of people now, but the administrator was looking out for what may happen in the future,'' he said.

According to Alison Cooper, an aide to state Senator James Seward, R-Milford, the state has not adopted a law that addresses same-sex spousal insurance coverage, although the coverage is extended to state workers.

Attorney John Corcoran of Syracuse, the county's labor negotiator, said his office is researching the issue.

``We've been asked to examine the amendment and determine its validity under the current state of the law,'' Corcoran said. ``Other than that, I really cannot comment.''