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Governor Hochul Issues Proclamation Declaring October as Domestic Violence Awareness Month

Directs State Landmarks to be Illuminated in Purple Tonight, October 1, and on “Purple Thursday”, October 19, to Honor Survivors

New York State Office for the Prevention of Domestic Violence and New York State Office of General Services to Cohost the New York State Clothesline Project

New York State Office for the Prevention of Domestic Violence to Host Weekly ‘Domestic Violence 101’ Training

New York State Office to Hold Start the Conversation: Engaging Men and Boys Panel in Collaboration with Syracuse University

Read Proclamation Here

Governor Kathy Hochul today recognized October as Domestic Violence Awareness Month in New York State, issuing a proclamation and directing that all State landmarks be illuminated in purple tonight, October 1, and on Purple Thursday, October 19, in honor of those impacted by domestic violence. Coinciding with this proclamation, the Office for the Prevention of Domestic Violence will conduct weekly ‘Domestic Violence 101’ training and ‘Gender-Based Violence Awareness Training for Social Service Districts’, collaborate with the State Office of General Services to host the New York State Clothesline Project, collaborate with Syracuse University to host a Start the Conversation: Engaging Men and Boys Panel, and recognize #PurpleThursday.

“My mother dedicated her life to helping survivors of domestic violence, and her memory inspires me every day to take action,” Governor Hochul said. “While we take time to uplift survivors this month, we also acknowledge our commitment to preventing domestic violence and keeping New Yorkers safe. I am committed to using every tool at my disposal to end domestic violence and support survivors.”

In compliance with Executive Order 19, all New York State agencies have created internal Gender-Based Violence and the Workplace policies and the Office for the Prevention of Domestic Violence has trained almost 70,000 New York State employees in the Gender-Based Violence and the Workplace training.

New York State Office for the Prevention of Domestic Violence Executive Director Kelli Owens said, “Domestic violence isn’t confined to the home, so we shouldn’t only be talking about it at home. Those impacted by domestic and gender-based violence often seek help at work, in their community, and from their loved ones. It is time to start the conversation and know the resources available. OPDV is proud to have trained almost 70,000 State employees through the Gender-Based Violence and the Workplace training, which provides the tools on how to address domestic and gender-based violence in the workplace. Thank you, Governor Hochul, -for protecting employees who have experienced gender-based violence and for your ongoing commitment to this important issue.”

In collaboration with Syracuse University, OPDV will be holding a panel focusing on the Pledge of Accountability Against Gender-Based Violence. The pledge is part of a larger state effort to increase men and boys’ role in violence prevention. In partnership with Lieutenant Governor Antonio Delgado, OPDV launched the Pledge of Accountability Against Gender-Based Violence and our Start the Conversation: Engaging Men and Boysmedia campaign on April 12th. The panel will focus on a discussion as to why the panelists signed the Pledge for Accountability Against Gender-Based Violence and how they are preventing gender-based violence in their lives. This event will be held at Syracuse University on October 24that 6pm. OPDV will continue to promote their Pledge for Accountability Against Gender-Based Violence. Since its launch in April, OPDV has been proud to partner with, and highlight, two New York State officials and 10 New York State agencies as they took the Pledge of Accountability.

The agency will also recognize Domestic Violence Awareness Month by hosting the New York State Clothesline Project. October of 1990 saw the original Clothesline Project with 31 shirts displayed on the village green in Hyannis, Massachusetts, as part of an annual "Take Back the Night" March and Rally. Throughout the day, women came forward to create shirts and the line kept growing. This very action serves many purposes. It acts as an educational tool for those who come to view the Clothesline; it becomes a healing tool for anyone who make a shirt - by hanging the shirt on the line, survivors, friends and family can literally turn their back on some of that pain of their experience and walk away; finally it allows those who are still suffering in silence to understand that they are not alone. The exhibit at the Empire State Plaza concourse will provide information on local service providers and New York State resources.

OPDV will also host ‘Domestic Violence 101’, an hour-long virtual training course for staff, supervisors, and administrators working in local districts, private nonprofit agencies, municipalities, and other professionals who help survivors of gender-based and domestic violence. This web-based training is a basic introduction to gender-based and domestic violence, including definitions, defining consent and statistics.

New York State Health Commissioner Dr. James McDonald said, “Domestic violence impacts many individuals and families across New York with tragic and destructive consequences, and it’s so important that survivors receive exceptional resources and unwavering support. I thank Governor Hochul for her dedication and commitment to addressing this issue with a plan of action.”

New York State Office of Children and Family Services Acting Commissioner Suzanne Miles-Gustave said, “We are grateful to Governor Hochul for being such a tremendous champion for domestic violence survivors. As OCFS strives to protect our children and strengthen families, it is clear that continued collaboration between human services agencies and advocates is key to keeping children and the adults in their lives safe. We are so proud of our longstanding partnership with OPDV in which we assist in training local districts of social services staff and help implement the Safe and Together model, a strengths-based approach to confronting domestic violence. During this month, OCFS is honored to further support these efforts through public awareness and educational programming, as well as delivering necessities to our local shelters so they can provide even greater care and concrete resources to domestic violence survivors.”

New York State Office of Temporary and Disability Assistance Acting Commissioner Barbara C. Guinn said, “The intersection between domestic violence and poverty is undeniable and Domestic Violence Awareness Month is a good time for all of us to redouble our efforts to support survivors of gender-based violence. OTDA is proud of its efforts with OPDV to ensure that frontline social services workers are trained to recognize those who may have experienced intimate partner violence and connect them with the supports and services they need to stabilize their lives.”

New York State Division of Criminal Justice Services Commissioner Rossana Rosado said, “My team is committed to providing funding, training and other resources to local criminal justice partners and community-based organizations that help victims and survivors of interpersonal violence find the services and support they need to live safely. I thank Governor Hochul for her continued commitment to this issue and for working tirelessly to ensure New York is a safe place for all.”

New York State Office of Victim Services Director Elizabeth Cronin said, “Those impacted by domestic violence show bravery and strength in the aftermath, but they must know they are not alone. Time to heal, both physically and mentally, is vital to life after victimization. Thank you, Governor Hochul, for supporting survivors and ensuring New York can provide a safe place for those leaving abuse behind to start life anew.”

New York State's Domestic and Sexual Violence Hotline provides free, confidential support 24/7 and is available in most languages: 800-942-6906 (call), 844-997-2121 (text) or @opdv.ny.gov (chat). Individuals also can visit www.ovs.ny.gov/connect to find a victim assistance program in their community. The Office of Victim Services also funds and supports 239 victim assistance programs across the state that provide essential services, such as crisis counseling, support groups, case management, emergency shelter, civil legal help, and relocation assistance, among other assistance, to victims and survivors of domestic violence, sexual assault and other crimes, and their families.

MAYOR ADAMS UPDATES NEW YORKERS ON POTENTIAL AIR QUALITY CONCERNS FOR MONDAY, OCTOBER 2

 

New Yorkers Could See Slightly Hazy Skies, State Authorities Have Not Issued Any Air Quality Health Alerts at This Time

New York City Mayor Eric Adams today updated New Yorkers on potential air quality concerns resulting from Canadian wildfire smoke. Current forecasts indicate that a plume of wildfire smoke may reach New York City around sunrise Monday morning, causing noticeably hazy skies. For Monday, the New York State Department of Environmental Conservation has forecast a moderate Air Quality Index (AQI) of 55 — indicating that “there may be some risk to people who are unusually sensitive to air pollution.”

 

“While we continue to actively monitor potential air quality concerns for Monday morning, currently, the impacts are projected to be mild, though New Yorkers will likely see hazy skies in the morning,” said Mayor Adams. “Throughout the day tomorrow, New Yorkers should listen to their bodies, especially if they have any preexisting health conditions and take any necessary precautions to ensure they stay safe. We will continue to update New Yorkers as forecasts solidify.”

 

“Air quality is more than an environmental issue, it’s a public health issue,” said New York City Emergency Management (NYCEM) Commissioner Zach Iscol. “While state authorities have not issued any health alerts for Monday, everyone should stay informed and take appropriate precautions. A moderate AQI suggests that those with heightened sensitivities should be cautious. As always, we stand ready to act, providing real-time updates through Notify NYC and other channels to ensure the well-being of all New Yorkers.”

 

“Air quality conditions can affect people differently,” said New York City Department of Health and Mental Hygiene (DOHMH) Commissioner Dr. Ashwin Vasan. “So listen to your body and keep an eye on Airnow.gov to learn about current conditions. If you begin to feel symptoms like a scratchy throat or watery eyes, take a little time indoors. If you know you are particularly sensitive to worsening air quality, limiting time outdoors or reducing strenuous activity outdoors, may be advisable. Our climate and our health are connected and it’s crucial that you’re armed with the information you need to make safe, healthy choices.”

 

NYCEM will continue to update New Yorkers on air quality concerns, including through Notify NYC. New Yorkers can sign up for Notify NYC by calling 311, by visiting the Notify NYC website, or by downloading the Notify NYC app.

 

Safety Tips 

• Full guidance from DOHMH can be found online.
• The best way to limit exposure to poor air quality is to reduce time outside and limit strenuous activities. The threshold to take these actions depends on an individual’s level of risk. 
• New Yorkers should call 911 if they or someone they’re caring for has trouble breathing. 
• Monitor air quality conditions and be prepared. Visit the EPA’s air quality website  or download the AirNow mobile app to monitor the Air Quality Index. 
• Now is a good time to pick up a mask, in case air quality deteriorates. The city is already making masks available at Fire Department of the City of New York (FDNY) firehouses and New York City Police Department (NYPD) precincts, as well as at the New York Public Library, and is looking to expand supplies to more vulnerable communities. 
• When air quality is poor, wearing a high-quality mask (e.g., N95) can reduce exposure to harmful pollutants.
• The city will provide alerts if conditions deteriorate further, but warnings sent by one’s body are equally important. New Yorkers should listen to their bodies. Reactions to poor air quality can include watery eyes, scratchy throat, headaches, or shortness of breath. 

Cigna Group to Pay $172 Million to Resolve False Claims Act Allegations

 

The Cigna Group, headquartered in Connecticut, has agreed to pay $172,294,350 to resolve allegations that it violated the False Claims Act by submitting and failing to withdraw inaccurate and untruthful diagnosis codes for its Medicare Advantage Plan enrollees in order to increase its payments from Medicare.

Under the Medicare Advantage (MA) Program, also known as Medicare Part C, Medicare beneficiaries have the option of obtaining their Medicare-covered benefits through private insurance plans called MA Plans. The Centers for Medicare and Medicaid Services (CMS) pays the MA Plans a fixed monthly amount for each beneficiary who enrolls. CMS adjusts these monthly payments to account for various “risk” factors that affect expected health expenditures for the beneficiary, to ensure that MA Plans are paid more for those beneficiaries expected to incur higher healthcare costs and less for healthier beneficiaries expected to incur lower costs. To make these adjustments, CMS collects “risk adjustment” data, including medical diagnosis codes, from the MA Plans.

Cigna owns and operates MA Organizations that offer MA Plans to beneficiaries across the country. The United States alleged that Cigna submitted inaccurate and untruthful patient diagnosis data to CMS in order to inflate the payments it received from CMS, failed to withdraw the inaccurate and untruthful diagnosis data and repay CMS, and falsely certified in writing to CMS that the data was accurate and truthful. The settlement announced today resolves these allegations.

“Over half of our nation’s Medicare beneficiaries are now enrolled in Medicare Advantage plans, and the government pays private insurers over $450 billion each year to provide for their care,” said Deputy Assistant Attorney General Michael D. Granston of the Justice Department's Civil Division.  “We will hold accountable those insurers who knowingly seek inflated Medicare payments by manipulating beneficiary diagnoses or any other applicable requirements.”

The United States alleged that, for payment years 2014 to 2019, Cigna operated a “chart review” program, pursuant to which it retrieved medical records (also known as “charts”) from healthcare providers documenting services they had previously rendered to Medicare beneficiaries enrolled in Cigna’s plans. Cigna retained diagnosis coders to review those charts to identify all medical conditions that the charts supported and to assign the beneficiaries diagnosis codes for those conditions. Cigna relied on the results of those chart reviews to submit additional diagnosis codes to CMS that the healthcare providers had not reported for the beneficiaries to obtain additional payments from CMS. However, Cigna’s chart reviews also did not substantiate some diagnosis codes that were reported by providers and previously submitted by Cigna to CMS.  Cigna did not delete or withdraw these inaccurate and untruthful diagnosis codes, however, which would have required Cigna to reimburse CMS.  Thus, the United States alleged that Cigna used the results of its chart reviews to identify instances where Cigna could seek additional payments from CMS, while improperly failing to use those same results when they provided information about instances where Cigna was overpaid.

“Given the growth of Medicare Advantage plans, investigating fraud involving Medicare Part C is more important than ever. My office has prioritized combatting Medicare Advantage fraud, including applying data-driven investigative methods and working extensively with our law enforcement partners across the country,” said U.S. Attorney Jacqueline C. Romero of the Eastern District of Pennsylvania. “We will hold accountable those who report unsupported diagnoses to inflate Medicare Advantage payment, such as unsupported diagnosis codes for morbid obesity.”

The United States further alleged that Cigna reported diagnosis codes to CMS that were based solely on forms completed by vendors retained and paid by Cigna to conduct in-home assessments of plan members. The healthcare providers (typically nurse practitioners) who conducted these home visits did not perform or order the diagnostic testing or imaging that would have been necessary to reliably diagnose the serious, complex conditions reported, and were in many cases prohibited by Cigna from providing any treatment during the home visits for the medical conditions they purportedly found.  The diagnoses at issue were not supported by the information documented on the forms completed by the vendors and were not reported to Cigna by any other healthcare provider who saw the patient during the year in which the home visit occurred. Nevertheless, Cigna submitted these diagnoses to CMS to claim increased payments, and falsely certified each year that the diagnosis data it submitted was “accurate, complete, and truthful.”

“For years, Cigna submitted to the Government false and invalid diagnosis information for its Medicare Advantage plan members. The reported diagnoses of serious and complex conditions were based solely on cursory in-home assessments by providers who did not perform necessary diagnostic testing and imaging. Cigna knew that these diagnoses would increase its Medicare Advantage payments by making its plan members appear sicker,” said Damian Williams, United States Attorney for the Southern District of New York. “This Office is committed to holding insurers accountable if they seek to manipulate the Medicare Advantage Program and boost their profits by submitting false information to the Government.”

“Medicare Advantage relies on the integrity of its insurers and the accuracy of the diagnosis code information they provide, since it has an outsize effect on Medicare payments,” said Henry C. Leventis, United States Attorney for the Middle District of Tennessee. “We will continue to vigorously pursue fraud in this increasingly important program.”

The United States further alleged that, for payment years 2016 to 2021, Cigna knowingly submitted and/or failed to delete or withdraw inaccurate and untruthful diagnosis codes for morbid obesity to increase the payments it received from CMS for numerous beneficiaries enrolled in its MA plans.  The medical records for individuals diagnosed as morbidly obese typically include one or more Body Mass Index (BMI) recordings. Individuals with a BMI below 35 cannot properly be diagnosed as morbidly obese. However, Cigna submitted or failed to delete inaccurate and untruthful diagnosis codes for morbid obesity for individuals lacking a BMI of 35 or above, and these codes increased the payments made by CMS.

In connection with the settlement, Cigna entered into a five-year Corporate Integrity Agreement (CIA) with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). The CIA requires that Cigna implement numerous accountability and auditing provisions. On an annual basis, top executives and members of the Board of Directors must make certifications about Cigna’s compliance measures, Cigna must conduct annual risk assessments and other monitoring, and an independent review organization will conduct multi-faceted audits focused on risk adjustment data.

“Medicare Advantage plans that submit false information to increase payments from CMS show blatant disregard for the integrity of these vital federal health care funds,” stated Christian J. Schrank, Deputy Inspector General for Investigations with HHS-OIG. “Such actions are an affront to the Medicare program and the millions of patients who rely on its services. Working with our law enforcement partners, our agency will continue to prioritize investigating alleged fraud that targets the Medicare Advantage program.”

The civil settlement of the home visit allegations includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Robert A. Cutler, a former part-owner of a vendor retained by Cigna to conduct home visits.  Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery.  The qui tam case is captioned United States ex rel. Cutler v. Cigna Corp., et al., No. 3:21-cv-00748 (M.D. Tenn.). As part of today’s resolution, Mr. Cutler will receive $8,140,000 from the settlement of the home visit allegations.

The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the United States Attorneys’ Offices for the Eastern District of Pennsylvania, the Southern District of New York and the Middle District of Tennessee, with assistance from HHS-OIG.

The investigation and resolution of this matter illustrate the government’s emphasis on combating healthcare fraud.  One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at www.oig.hhs.gov/fraud/report-fraud or 800-HHS-TIPS (800-447-8477).

The matter was handled by Fraud Section Attorneys Carol Wallack and Edward Crooke and Assistant U.S. Attorneys Deborah Frey, Matthew Howatt and Gregory David from the Eastern District of Pennsylvania, Jeffrey Powell, Peter Aronoff, Jean-David Barnea, and Samuel Dolinger from the Southern District of New York, and Ellen Bowden McIntyre from the Middle District of Tennessee.

The claims resolved by the settlement are allegations only and there has been no determination of liability.