Article published Jan 20, 2006
UF requirement for partner benefits: You must have
sex
University of Florida employees have to pledge that they're having
sex with their domestic partners before qualifying for benefits
under a new health care plan at the university.
The partners of homosexual and heterosexual employees are eligible
for coverage under UF's plan, which will take effect in February.
The enrollment process began this month, and some employees have
expressed concern about an affidavit that requires a pledge of
sexual activity.
Fielding questions about the pledge at a Faculty Senate meeting
Thursday, UF's vice president of human resources said he's heard
concerns about the affidavit, though overall feedback about the
plan has been positive.
"I would say 95 percent of the affidavit is fine," Kyle Cavanaugh
said in an interview after the meeting.
In addition to declaring joint financial obligations, prospective
enrollees must "have been in a non-platonic relationship for the
preceding 12 months," according to the affidavit.
Marylou Behnke, a UF senator, told Cavanaugh she found the
requirement "offensive."
As a member of the Senate, representing faculty in UF's College of
Medicine, Behnke said she was compelled to learn more about UF's
plan. She said she was taken aback to find that employees would be
required to swear to prior sexual activity, a standard not applied
to married couples covered by UF's primary health care plan.
"Are you going to police it?" Behnke asked Cavanaugh.
Cavanaugh said he had no plans to personally enforce the sex
pledge. The "non-platonic" clause is "increasingly standard" in
domestic partnership plans, Cavanaugh said. The clause is one of
several methods used to legally ensure that an employer is only
obligated to cover employees in a committed relationship, not
longtime roommates.
Shands HealthCare, which began offering domestic partnership
benefits this month, also requires that employees declare a
"non-platonic" relationship. Shands is an affiliate of UF,
supporting the university's education and research efforts, but it
is a private nonprofit entity with an independent health care plan.
Like UF, Shands chose to offer domestic partnership benefits in
order to stay competitive, said Kim Rose, Shands spokeswoman. Rose
said she did not know whether Shands' Board of Directors, which
approved the plan, was influenced by UF's decision to offer
domestic benefits.
Concerns about the "non-platonic" clause may lead UF to change the
language of the affidavit, Cavanaugh said.
"I would anticipate we would take a hard look at trying to modify
it," he said.
Any modifications to the plan won't likely be made in the first
enrollment cycle, which ends Jan. 30, Cavanaugh said. But by
October, when employees enroll for benefits again, there may be
changes to the affidavit, he said.
Between five and 10 people have enrolled in the plan already,
Cavanaugh said, and more than 100 have attended orientations to
learn about the benefits. UF officials anticipate that as many as
120 people will enroll in the plan, which will cost the university
about $1 million a year.
Confidentiality is promised to UF employees enrolled in any health
care plan, but Behnke said she had concerns about whether the
affidavit might lead to discrimination if it ended up in the wrong
hands. Pledging an active homosexual relationship, as the affidavit
requires for gay couples, could potentially bar an individual from
participation in organizations like the Boy Scouts or the military,
Behnke said.
Kim Tanzer, chair of the Faculty Senate, said she could understand
why some faculty might view the affidavit as invasive.
"I can see (Behnke's) point," she said. "If you ask married folks
if they're in a platonic relationship, that's a personal
question."
