By Pieter Crow
11/12/2007

Starting January 1, 2008 the state of Wyoming will make available one of its insurance plans to the unmarried heterosexual and homosexual partners of covered state employees. The plan, underwritten by Genworth Financial, Inc., provides coverage for long term health care expenses.

Persons eligible to enroll in the plan include employees, their spouse, parents, grandparents, step-parents, several categories of in-laws, or domestic partner, according to Ralph Hayes, program manager of the state Employees' Group Insurance (EGI) office in Cheyenne. Any of these persons could sign up for the plan without requiring the employee to sign up also, said Mr. Hayes.

This seems to mark the first time the state has made available any form of benefit that uses the terminology "domestic partner", words that appear on the application materials available at the Genworth Financial website, as well as on the printed application form.

Mr. Hayes said allowing domestic partners access to the insurance could help keep premiums lower over the long term. There is no minimum number of enrollees required to sign up for the insurance plan, he said.

In 2005, a coalition of 118 faculty, staff and students at the University of Wyoming asked UW to offer full benefits, including health insurance, to the domestic partners of its gay and lesbian employees. Earlier, UW President Philip Dubois had authorized limited benefits involving access to housing and recreational facilities. But health insurance was off limits to domestic partners because of state law defining who is eligible. An article in the Branding Iron, the UW student newspaper, reported that Mr. Hayes stated it was “against the law for the university to grant domestic partner benefits”. The paper quoted Mr. Hayes as saying, “We only recognize ‘legal marriage’.”

However, legal eligibility applied only to state insurance programs, such as health, dental, and life, which are mandated by the state or paid for by state funds. The new long term care plan does not violate state law, Mr. Hayes said, because the plan is voluntary, is paid for in full by the employee, and no state funds are used to pay premiums.

The new plan has been reviewed by the Wyoming Attorney General’s office concerning the applicability of state law, said Mr. Hayes. “Our legal council does not see any legal or other problems to the plan.”

Mr. Hayes said he is opposed to offering domestic partner benefits for other EGI plans, such as health, dental, or life insurance. The Wyoming statute uses the language of “married couple”, which prevents the state from paying premiums that would benefit domestic partners. The Wyoming Legislature has shown no interest in changing the law, he said.