Published: August 21, 2008 02:35 pm      

Otsego Board overturns Thayne same-sex health plan policy

COOPERSTOWN _ The Otsego County Board of Representatives voted late Wednesday night to nullify Treasurer Myrna Thayne’s exclusion of same-sex spouses from the county’s health plan.

Thayne, who administers the county’s self-insured plan, acted independently of the board when she changed language within the plan’s guidelines.

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.

All of the representatives present at the meeting voted in favor of the nullification with little discussion. Rep. Stephen Fournier, R-Milford, Rep. Betty Anne Schwerd, R-Burlington, Rep. Martha Stayton, D-Oneonta, and Rep. Cathy Rothenberger, D-Oneonta, were absent.

During a public comment period at the beginning, several people who identified themselves as being in same-sex relationships or who supported same-sex relationships spoke out against the decision.

A member of PFLAG - Parents and Friends of Lesbians and Gays - read a letter from a New York Civil Liberties Union attorney calling Thayne’s action into question.

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.

New York state does not recognize same-sex marriages. However, Gov. David Paterson in May ordered all state agencies to prepare for recognition of same-sex marriages performed in other jurisdictions. That order is being challenged in court.