Posted on 07/21/2006 3:24:45 PM PDT by DBeers
BOSTON- The Massachusetts Nurses Association filed a federal lawsuit Thursday seeking to overturn an arbitration award that denied health insurance benefits to the same-sex spouse of a registered nurse.
Maria Ciulla, a nurse who works at Merrimack Valley Hospital in Haverhill, married her lesbian partner on Oct. 1, 2005, more than a year after Massachusetts became the first state in the country to legalize same-sex marriage.
A few days later, she asked the hospital to add her spouse to her Blue Cross/Blue Shield policy, but the hospital denied her request. In June, an arbitrator later upheld the hospital’s position denying her spouse coverage.
In its lawsuit, the Massachusetts Nurses Association claims the arbitrator overstepped his authority and also violated a union contract provision that forbids discrimination based on sexual orientation.
"As a nurse, we treat all walks of life. Why wouldn’t they treat me the same as they would want us to treat the patients?" Ciulla said in an interview Thursday. "It’s not fair."
The lawsuit asks the court to reverse the arbitration award and order the hospital to allow Ciulla to add her spouse to her insurance policy.
During the arbitration hearing, the hospital and Essent Healthcare argued that since the issue of whether same-sex spouses are eligible for medical insurance benefits is not specifically addressed in the union contract, the parties are bound by the terms of the plan.
"The employer maintains that the issue before the arbitrator is not the sometimes controversial issue of same-sex marriage, but rather whether the employer violated the collective bargaining agreement," the arbitrator said in his written arbitration award.
Molly Cate, spokeswoman for the hospital, said Thursday the company has been trying to work out a solution with the nurses. "We’ve been unable to get it resolved with the union, but it’s our intent to come to an agreement."
"There was no need for us to bargain with them," said David Schildmeier, spokesman for the Massachusetts Nurses Association. "They were obligated to provide (Ciulla) with coverage."
During the arbitration hearing, a corporate vice president for human resources for Essent Healthcare testified that she contacted brokers for Blue Cross/Blue Shield some time after same-sex marriage became legal in Massachusetts and asked the company to change the definition of "spouse" in the company’s health insurance plan to encompass only a man and a woman.
By the time Ciulla sought to enroll her spouse in the plan in October 2005, the policy allowed only spouses in heterosexual marriages.
Chris Murphy, a spokesman for Blue Cross/Blue Shield of Massachusetts declined to comment on the lawsuit. He said self-insured companies such as Essent, whose account is administered by Blue Cross, are covered by federal law which permits the companies to define spouses as one man and one woman. Blue Cross’ own insurance policies have used the more general language "legal spouse," even before the Massachusetts law changed to legalize same-sex marriage, he said.
Chris Murphy, a spokesman for Blue Cross/Blue Shield of Massachusetts declined to comment on the lawsuit. He said self-insured companies such as Essent, whose account is administered by Blue Cross, are covered by federal law which permits the companies to define spouses as one man and one woman.
In my opinion, the case should be dismissed asap.
Why are most female health workers FAT cows?
The Lebanese will lose since marriage is now legal in MASS. Why would a company continue to offer same sex partners benefits when they can now marry! A straight person should sue for discrimination if he/she lives with someone of the opposite sex.
Not MOST; just the dykes...........
I live in Haverhill, I think that I shall sturr up a little poop next week.
I don't know how they'd do in Federal court,but I can't see how they'd lose in state courts.And,FYI,the two individuals involved are,under Massachusetts law,every bit as married as were my parents in the 40's.
"A straight person should sue for discrimination if he/she lives with someone of the opposite sex."
Only perverts are to be rewarded. I mentioned before my brothers girlfriend asked about benefits for him and was denied. She mentioned that if she had been a lesbian the request would have been granted. Try getting benefits for an aged parent or sibling and see how far you get.
You must be hanging out in the wrong hospitals.In the hospital where I worked for 20+ years,a noticeable percentage of the nurses and a very large percentage of the physicians were very attractive indeed and more than a few were stunning.
Years ago I knew a nurse that would make your knees weak. What fun to be young again.
Not quite. Your parents marriage was recognized by all other states. Not so with this.
Losing the Marriage Debate by Selwyn Duke
True,my parents marriage was recognized in,well,it was 48 states when they got married.But the "marriage" in question is recognized,fully,in Mass.
That's why I suggested that these "gals" would probably be victorious in Mass courts.
Because they are ugly women that can't get dates so they sit on their fat asses and date other women. If they developed a persona releationship with JC (Jenny Craig) they would be a lot better off. By the way their partners should get a job with their own benefits.
Please don't get me wrong Nurse, there are many very lovely madical workers. But I see so many sitting on their big butts all day long, doing little if anything physical. Just eating at the trough.
Like smoking, you'd think they'd know better then nonmedical types the consequences of eating and not moving.
Ya wanna lose weight? Move more and eat less. Great diet plan.
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