Family Law

NY Blue Cross, Blue Shield Extend Marriage Coverage

BUFFALO, NY—Less than three weeks after a legally married New York lesbian couple sued Blue Cross and Blue Shield of Western New York for denying them spousal health benefits, the insurer said it will begin covering married same-sex couples.

We applaud Blue Cross and Blue Shield of Western New York for following the law and treating all married couples the same, Donna Lieberman, executive director of the New York Civil Liberties Union, told OutcomeBuffalo. Families who were denied coverage up until this point will now be able to protect themselves with health care coverage.

The lawsuit, filed July 9 in Erie County Supreme Court, followed the NYCLU's landmark legal victory in Martinez v. County of Monroe, in which an appeals court unanimously ruled that New York state must recognize the valid out-of-state marriages of lesbian and gay couples.

In February, Jeanne Kornowicz, a school psychologist in the Cheektowaga Central School District, asked her employer to provide health coverage for her wife, Joy Higgins, after she learned of the NYCLU's victory in Martinez.

The women married in Canada in 2006. Higgins gave birth to a daughter, Elizabeth Higgins, in July 2007 and Kornowicz's second-parent adoption of Elizabeth was made final in January.

Despite the school district's multiple demands that Blue Cross and Blue Shield of Western New York grant Kornowicz's request for spousal coverage, the insurer refused to comply. Many other New York insurers, including other insurers carrying the Blue Cross and Blue Shield name, have been recognizing same-sex couples' valid out-of-state marriages for years.

As spouses and parents, Jeanne and Joy deserve the same protections that every other family in New York State enjoys, NYCLU staff attorney Matt Faiella told OutcomeBuffalo. We're so relieved for their family that they will finally know some peace of mind.

Full post as published by NJ Domestic Partnership on July 28, 2008 (boomark / email).