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Blue Cross resolves glitch in enrolling gay spouses

Md. activist’s wife listed as ‘male’ on insurance plan

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Lisa Polyak, gay news, Washington Blade
Lisa Polyak, gay news, Washington Blade

Maryland activist Lisa Polyak encountered problems adding her wife, Gita Deane, to a Blue Cross insurance policy. (Washington Blade photo by Michael Key)

It’s all been resolved. As of Saturday, July 19, federal employee Lisa Polyak, one of the leading activists pushing for Maryland’s marriage equality law, succeeded in adding her legally married spouse and partner of more than 30 years, Gita Deane, to her employee health insurance policy.

The approval came more than two weeks after Polyak’s request to add Deane to her health plan was denied, with a Blue Cross Blue Shield customer service representative informing her that a computer program used to process such requests would not accept same-sex spouses.

On July 20, Polyak, a civilian staff member with the Department of the Army in Aberdeen, Md., discovered to her delight that the quirky computer glitch that initially required Deane’s gender to be listed as “male” in order for her to be approved for Polyak’s health plan was changed to female.

“We have been overpaying for health insurance for so long – 30 years – that we would not have cared if they listed her as a kangaroo, as long as she was covered,” Polyak quipped to the Blade.

Polyak was referring to the fact that the couple had to pay for duplicate health insurance policies for years before states began legalizing marriage between same-sex couples. Once that happened in Maryland earlier this year she still couldn’t add Deane to her health plan because the Defense of Marriage Act, or DOMA, prohibited the federal government from recognizing same-sex marriages.

That remaining impediment ended on June 26 when the U.S. Supreme Court declared DOMA unconstitutional.

Jena L. Estes, vice president of the Blue Cross Blue Shield Association’s Federal Employee program, said the snafu Polyak encountered represented the rare exception in the health insurance giant’s task of changing its internal procedures to enroll same-sex spouses of federal workers just days after the Supreme Court issued its landmark decision.

“As of today, we process probably about 40 requests a day and those are all being handled very successfully,” Estes said in describing how Blue Cross Blue Shield affiliate companies throughout the country are enrolling same-sex spouses into federal employees’ health insurance plans.

According to Estes, CareFirst, the Blue Cross Blue Shield company providing health insurance in the D.C. metropolitan area, has successfully processed about 100 requests by federal employees like Polyak to add their same-sex spouse to their health plan since July 3.

That’s when the U.S. Office of Personnel Management issued a special guidance directing health insurance companies that provide policies to federal employees to begin enrolling same-sex spouses under the federal health benefits program. The OPM guidance and directive allows federal employees to enroll their same-sex spouses for a 60-day period that ends on Aug. 26.

If they don’t arrange for a same-sex spouse to be enrolled by that date they must wait until Nov. 11, when the annual open enrollment period begins for the federal employee health insurance program. The open enrollment period lasts until Dec. 9.

Estes attributes the problem Polyak experienced to a short period in which some of the Blue Cross Blue Shield companies had yet to fully change their internal systems to adapt to the Supreme Court ruling. She noted that the OPM guidance called for the insurance companies to begin processing same-sex spouse enrollments in the federal employee system beginning July 3, just five business days after the Supreme Court decision.

“So once it came out we put protocols in place immediately and began working diligently to make sure that we could accommodate the requests,” Estes told the Blade in a telephone interview on Monday. “And I believe we’ve done that.”

But in Polyak’s case, those system changes apparently weren’t put in place by the CareFirst operation overseeing federal employee health plans where Polyak worked in Maryland.

“I spoke to Blue Cross Blue Shield reps on July 1, July 8, and July 15 and they told me that they had tried and failed to add Gita as my spouse on my insurance plan,” she told the Blade. “I also tried to add Gita as my spouse on the website. But when I identified Gita as a female…the website rejected my change and would not add her to the list of covered family members.”

Polyak said the Blue Cross Blue Shield customer service representatives were cordial and expressed frustration that they couldn’t immediately override the computer program. She said they couldn’t give her a date when the problem would be resolved.

On July 19, several days after the Blade began making inquiries about Polyak’s case with OPM and Blue Cross Blue Shield, she said a CareFirst official informed her that the computer program had been manually overridden and her request to include Deane on her policy was approved retroactively as of June 26. However, for the time being, Polyak said, the official told her Deane would have to be listed as a male.

That troubled Polyak because another company representative had told her that a medical claim filed by Deane’s doctor would be rejected if the claim identified her as female while the insurance policy listed her as male.

However, that problem was somehow resolved overnight, Polyak said. When she checked her insurance policy online on Saturday, July 20, Deane’s gender had been changed to female.

“That shows how quickly we respond,” Estes told the Blade. “But you know, we really have had maybe 15 days since OPM issued its guidance and a couple of those days were federal holidays. So we’ve been working really diligently and I’m really happy it happened in less than 24 hours,” she said in referring to Polyak’s case.

John O’Brien, Director of Healthcare and Insurance for OPM, said OPM has been working with health insurance companies to make sure same-sex couples obtain the benefits to which they are now entitled.

“If a carrier is having problems — computer or otherwise — with updating a federal employee’s enrollment status, the carrier has the responsibility to correct the issues immediately,” O’Brien told the Blade in an email. “In addition, both the carriers and enrollees should contact OPM if problems persist.”

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Comings & Goings

David Reid named principal at Brownstein

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David Reid

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success. 

Congratulations to David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”

Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.

Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.

He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.

Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.

Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street. 

Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors. 

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District of Columbia

D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee

Alleged years of verbal harassment, slurs, intimidation

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Deon Jones (Photo courtesy of the ACLU)

The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected  to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.

The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”

Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.

Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.   

“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,”  the ACLU’s statement says.

“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.

“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU  statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.  

He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”

The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.

“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.

The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. ACLU spokesperson Andy Hoover said Jones has been on administrative leave since March 2022. Jones couldn’t immediately be reached for comment.

“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”

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Virginia

Spanberger signs bill that paves way for marriage amendment repeal referendum

Proposal passed in two successive General Assembly sessions

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(Bigstock photo)

Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.

The ballot question that voters will consider on Election Day is below:

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Voters in 2006 approved the Marshall-Newman Amendment.

Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.

“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.

Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.

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