Helgeland v. Department of Employee Trust Funds

Meet the Plaintiffs

Jody Helgeland and Jessie Tanner

Jody and Jessie, both 29, met at a dance at the University of Wisconsin and celebrated their tenth anniversary in December. They enjoy playing with their dogs and hanging out with their friends in Madison. Jody and Jessie used to also be avid hikers and campers until Jessie's health problems made this difficult.

Jessie suffers from severe asthma, allergies, and acid reflux. Just walking up stairs or carrying heavy objects can trigger an asthma attack. Sometimes the attacks happen at night, making sleeping almost impossible and causing constant fatigue. "I do fine when I'm able to see a doctor regularly," said Jessie. "But we just can't afford to make that happen right now."

Jody has excellent health benefits through her job as a research specialist at the University of Wisconsin, where she's also a graduate student in biotechnology. But unlike her married coworkers, she can't include Jessie on her health plan, and the couple can't afford health insurance for Jessie on their modest income. Jessie's medications, which total over $600 per month, would only cost $75 per month if Jessie were covered under the university health plan. Once, Jessie's asthma attack was so severe that Jody had to take her to an urgent care facility that charged $105 per visit. At these prices, they can't always afford to return for follow-up visits or buy Jessie's medications every month.

Having access to the university health plan would make a critical difference in their lives. Without it, Jody and Jessie worry every day about how they are going to survive - both literally and financially - the next asthma attack.

Diane Schermann & Michelle Collins

Diane, 42, and Michelle (Missy), 33, became friends after meeting at a softball game in 1999, but they didn't become romantically involved until five years later. The couple had a commitment ceremony last year and lives in Eau Claire with Diane's son and daughter from a previous marriage, ages 17 and 11. They are both licensed as family foster care providers, and Missy would like to become a full-time foster mom when she is better able to do so.

Over the past few years, Missy has faced a series of health problems. Diane's job with the Wisconsin Department of Transportation provides Diane with health insurance, but Missy is excluded from that coverage, and the couple can't afford health insurance for her even though she desperately needs it. Instead, she relies on a patchwork of free health clinics, workers' compensation coverage, and emergency urgent care visits.

A back injury Missy suffered four years ago while working for a large building supply chain has left her with chronic pain, unable to sit or stand for prolonged periods of time. She was working part time until recently, but then her back was injured again due to repetitive stress.

Missy recently found a lump in her breast. Although she has found lumps before that didn't turn out to be cancerous, she hasn't been to see a doctor about it yet because she's afraid of the expense, which in the past has totaled as much as $1,000. The couple struggles to pay Missy's medical expenses as it is, sometimes doing without her $200-per-month prescriptions and waiting in long lines for hours in the cold to go to a free health clinic. Doctors have told Missy that she needs back surgery, but without insurance she and Diane can't afford it. Recently the couple had to pay $1,900 out of pocket for an MRI and EKG. "Not knowing what medical treatment Missy will need in any given month, we have no way of knowing whether we'll be able to pay all the bills," said Diane. "The peace of mind that adequate health insurance would mean for our family would make a world of difference in our lives."

Eloise McPike and Janice Barnett

Together nearly 21 years, Eloise and Janice live in Milwaukee. Eloise, 51, has worked for the Wisconsin Department of Corrections for 20 years. Because of a car accident in 1996, Janice is only able to work part-time as a home-health nursing assistant.

Janice was in Tennessee visiting her brother at the time of the accident, which caused severe injuries to her right leg and shoulder that required several surgeries to repair. While married employees would have been able to leave work immediately under the state's family leave policy, Eloise had to put in a formal vacation request and wait five days until it was approved before she could be by Janice's side in Tennessee. The time away would have been considered family leave time for married couples, but Eloise was forced to leave her partner's side after her five days of vacation were over, and Janice spent an additional three weeks in the hospital without Eloise.

As a result of the accident, Janice suffers from emotional problems. She also has high blood pressure. Until 2003, her medical care was covered by Social Security. Because she only works part-time, she doesn't qualify for insurance from her employer. For two years, Janice was forced to go without insurance and couldn't afford the medications she needed for her physical and emotional ailments. The couple finally scraped up enough money to pay $100 a month for a relatively inexpensive but inferior private insurance policy. Even with the coverage, Janice still has to pay more than $160 per month for prescription drugs and other co-payments.

The $260 per month the couple would save and the superior coverage state insurance would provide if Eloise were allowed to include Janice on her state health insurance would make a huge difference in their quality of life. But for now, they live with the uncertainty that Janice may not have access to adequate medical care should she be involved in another accident or develop a serious illness.

Jayne Dunnum and Robin Timm

Jayne and Robin, Wisconsin natives who have been together for 13 years, celebrated a commitment ceremony in 1992. Jayne has worked for the Wisconsin Department of Corrections for 15 years. Robin has a nursing degree and used to work as a public health inspector, but now she works full-time at "Safe Home Farm" on the couple's 20-acre property in Platteville. They are godparents to four children from Milwaukee who enjoy visiting Jayne and Robin on the farm.

On their farm, named after an expression that Robin's German-American great aunt used to say goodbye, Robin and Jayne grow asparagus, tomatoes, beets, squash, potatoes, and peppers, which they sell to a group of about 20 clients and at their local farmer's market. Robin also makes vegetable oil soaps using herbs they grow on the farm and flower blossom syrup.

Because Jayne is unable to include Robin on her health insurance as her domestic partner, Jayne and Robin must pay more to obtain inferior insurance coverage for Robin. The health insurance premium for Robin's coverage is significantly more expensive than Robin's coverage would be if the State of Wisconsin permitted them to obtain insurance coverage for Robin as Jayne's domestic partner. Robin now pays $270 per month for coverage with a $500 deductible. If Jayne were able to include Robin on her state health insurance, they would pay only $55 per month for both of them.

In addition to the extra cost that Jayne and Robin must shoulder, the benefits from Robin's current insurance coverage are not as good as the benefits available under the plans the State of Wisconsin offers to employees and their spouses. For example, Robin's insurance does not offer prescription drug coverage, while the state plan does offer such coverage with a low co-payment. Robin has a thyroid condition and regularly has to take prescription medication. Were Robin covered on Jayne's health insurance, her medication would be available at a reduced cost. Robin's insurance also has higher co-pays for a variety of services including emergency room treatment and the purchase of medical supplies.

Megan Sapnar & Ingrid Ankerson

Megan and Ingrid are a Madison couple who have been in a committed relationship for almost eight years and celebrated a commitment ceremony in 2003. Megan, 30, is a doctoral student and a teaching assistant at the University of Wisconsin. Ingrid, 31, is a graphic designer for a small company that makes educational software. They enjoy yoga and traveling, but if asked for their favorite pastime, they'll tell you it's simply having long conversations and spending time together.

As a teaching assistant, Megan is eligible for full health insurance coverage from the University of Wisconsin, but the couple can't afford similar coverage for Ingrid, whose employer doesn't offer insurance. They purchased catastrophic coverage for Ingrid that provides limited coverage in case of an emergency, but that policy costs over $700 per year and has a $5,000 annual deductible.

In September of 2004, the university health clinic opened up its services to domestic partners of university students. Since then, Ingrid has been going there for $315 per year, but this is only minimal coverage that doesn't cover hospitalization, emergency room care, ambulance services, mammograms and many other types of health care available to married spouses of University employees. There's also another University program that provides more services, but it still doesn't offer as much as married partners get, and its $5,000 annual price tag makes it unaffordable.

There have been times when Ingrid has had to skip seeing a doctor when she was sick, including an especially scary case of the flu. Ingrid has already had to put off treatment of a painful foot condition because they are unable to afford possible surgery. While things are better now that she can go to the university clinic, Ingrid and Megan still worry about what they would do if Ingrid were in an accident or diagnosed with a serious illness.

Virginia Wolf & Carol Schumacher

Together 29 years, Virginia and Carol moved to Wisconsin in 1977 and live together in Eau Claire. Virginia, 66, is a former English professor and Unitarian Universalist minister. Carol, 51, works part-time as an elections specialist for the city. The couple, who were married in the Unitarian Universalist church in 1990, raised Virginia's two children from a previous relationship together and are now proud grandmothers of two little girls.

As a retired University of Wisconsin - Stout staff member, Virginia has health insurance, but she can't include Carol on the policy as her domestic partner. Instead, they're forced to pay more for inferior insurance coverage for Carol. Although Carol has health insurance through the City of Eau Claire, she has to pay for 30% of the premiums herself because she works part time. Carol also has higher co-payments for prescription drugs, and the couple has to pay out of pocket for medication to treat Carol's thyroid problem because it's not covered by Carol's insurance. In 2004, Carol and Virginia spent approximately $550 for Carol's medication and co-payments.

Carol hopes to retire in 2008. If she can't be covered on Virginia's insurance after she retires, the couple will have to pay about $1,200 per year for a supplemental policy for Carol until she's eligible for Medicare.