It is safe to say that healthcare and the availability of
benefits are important to all working people in Michigan.
Nothing wreaks havoc on our day-to-day life more than an unexpected
illness, especially when we lack the healthcare benefits necessary to secure the proper treatment.
A recent decision by
the Michigan Court of Appeals held that the Michigan Civil Service Commission
(MCSC) could expand the eligibility of health care benefits for state employees
to their co-residents, if those persons are at least 18 years old, NOT
relatives, and have resided within the same household as the state employee for
at least 12-months (but not as a renter or tenant).
This potential coverage expansion applies to employees who do not
have an eligible spouse. Thus, the coverage would apply to boyfriends,
girlfriends, and/or same sex partners, as long as they meet the criteria for
coverage.
The issue arose when the MCSC allowed for the additional
healthcare coverage, and the Attorney General sued on the basis of a violation
of Equal Protection; the expanded coverage discriminated against married state employees by excluding married employees from being able to cover
non-spouses or other blood relatives. The Attorney General suggested that
the policy was a way to circumvent Michigan’s “Marriage Amendment,” which
prohibits the recognition of any “agreement” other than “the union of one man
and one woman in marriage.”
The Court of Appeals found the Attorney General’s
argument unpersuasive and affirmed the trial court's dismissal of the case. The appeals court held that the new policy, “does not in
any way prohibit incidentally benefiting such agreements, particularly where it
is clear that an employee here could share benefits with a wide variety of
other people.” The Court further
explained that the policy does not, “depend on the employee being in a close
relationship of any particular kind…beyond a common residence.”
Further, the Court of Appeals determined that the matter
deserved a heightened standard of review, and as such, the policy is
“rationally related to advance a legitimate state purpose.” Specifically, the Court held that as the MCSC
drafted the eligibility criteria after negotiating with the unions, “it is not
the place of the courts to second-guess the wisdom, need, or appropriateness of
the state action.” Lastly, the appellate court recognized the Civil Service
Commission as having “plenary and exclusive authority” in setting eligibility
guidelines for state workers, “because they are provided in exchange for
services rendered by state employees.”
In sum, if you are an unmarried Civil
Service employee, you may be able to provide healthcare benefits for anyone
who has been living with you, as long as they have done so for at least 12
continuous months, they are not a tenant or renter, they are not a blood
relative, and they are at least 18 years old.
Apparently, our court of intermediate appellate review does not wish to tread upon the authority of the state bureaucracy when it comes to providing health care benefits for its own. We here at the Law Blogger think perhaps that is as it should be under our separation of powers.
www.clarkstonlegal.com
info@clarkstonlegal.com
Labels: Attorney General, civil service, health care, Michigan Civil Service Commission, Michigan Court of Appeals
4 Comments:
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