Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19

 

Governor Encourages New Yorkers to Keep Using the Tools to Protect Against and Treat COVID-19: Vaccines, Boosters, Testing, and Treatment

19 Statewide Deaths Reported Yesterday

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.   

"With autumn coming in full swing, I urge New Yorkers to use the tools that are available to keep themselves, their loved ones, and their communities safe and healthy," Governor Hochul said. "Take advantage of the vaccine by staying up to date on doses. Test before gatherings or travel and if you test positive, talk to your doctor about potential treatment options."

Governor Hochul continues to urge New Yorkers to get their bivalent COVID-19 vaccine boosters from Pfizer-BioNTech for anyone age 12 or older and from Moderna for those 18 or older. To schedule an appointment for a booster, New Yorkers should contact their local pharmacy, county health department, or healthcare provider; visit vaccines.gov; text their ZIP code to 438829, or call 1-800-232-0233 to find nearby locations. 

Governor Hochul reminds all New Yorkers to get their annual flu vaccination, as influenza is already considered widespread across the State. Since September, cases have been increasing, with 596 laboratory-confirmed cases of influenza for the week ending October 1. As influenza and COVID-19 are circulating simultaneously, those eligible should also get a COVID booster.

For information about flu vaccine clinics, contact the local health department or visit https://www.vaccines.gov/find-vaccines/

Today's data is summarized briefly below:  

• Cases Per 100k - 24.15
• 7-Day Average Cases Per 100k - 20.81
• Test Results Reported - 64,790
• Total Positive - 4,720 
• Percent Positive - 6.98%**
• 7-Day Average Percent Positive - 6.89%**   
• Patient Hospitalization - 2,425 (+33)
• Patients Newly Admitted - 446
• Patients in ICU - 229 (-1)
• Patients in ICU with Intubation - 86 (+3)
• Total Discharges - 347,813 (+404)
• New deaths reported by healthcare facilities through HERDS - 19
• Total deaths reported by healthcare facilities through HERDS - 58,234

** Due to the test reporting policy change by the federal Department of Health and Human Services (HHS) and several other factors, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.   

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.   

Important Note: Effective Monday, April 4, the federal Department of Health and Human Services (HHS) is no longer requiring testing facilities that use COVID-19 rapid antigen tests to report negative results. As a result, New York State's percent positive metric will be computed using only lab-reported PCR results. Positive antigen tests will still be reported to New York State and reporting of new daily cases and cases per 100k will continue to include both PCR and antigen tests. Due to this change and other factors, including changes in testing practices, the most reliable metric to measure virus impact on a community is the case per 100,000 data -- not percent positivity.   

• Total deaths reported to and compiled by the CDC - 74,363

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.   

Each New York City borough's 7-day average percentage of positive test results reported over the last three days is as follows **:   

Borough	Monday,   October   3, 2022	Tuesday,   October   4, 2022	Wednesday,   October   5, 2022
Bronx	5.62%	5.69%	5.65%
Kings	4.31%	4.55%	4.46%
New York	5.48%	5.45%	5.27%
Queens	6.20%	6.12%	6.08%
Richmond	8.24%	8.26%	8.36%

MAYOR ADAMS CELEBRATES CITY COUNCIL LAND USE COMMITTEE APPROVAL OF AFFORDABLE HOUSING PROJECT IN THROGGS NECK

 

New York City Mayor Eric Adams today celebrated the New York City Council Land Use Committee’s vote to approve the Bruckner Boulevard rezoning, an affordable housing project that will create 349 homes — including 168 rent regulated homes — in the neighborhood of Throggs Neck in the Bronx. The project includes 99 homes reserved for seniors, 25 homes that will be made available to veterans in need, and a new supermarket for the Throggs Neck community. The project will also support good-paying, union jobs for New Yorkers.

 

“Today’s vote is a victory for the Throggs Neck community, the Bronx, and the entire city,” said Mayor Adams. “This project will bring nearly 350 much needed homes — including affordable housing for seniors and veterans — to a neighborhood that has only added 58 affordable units in the last decade. Just as importantly, it is a sign that our city is once again embracing our identity as a ‘City of Yes.’ The housing crisis impacts all of us, and every community has a responsibility to be part of the solution and help us provide safe, quality homes to all New Yorkers. I’m proud to have been a vocal proponent of this project, and I look forward to working with the speaker and the entire City Council to advance citywide changes that will allow us to finally build the housing we so desperately need.”

 

“New York’s housing crisis is a citywide problem that requires a citywide solution, and we need to powerfully reject the NIMBYism that should have no place anywhere in New York City,” said Deputy Mayor for Economic and Workforce Development Maria Torres Springer. “We thank the City Council for their support of this project and leadership at a time when we need all New Yorkers to do their part in ensuring we see our way out of this housing crisis and move forward as a just and equitable city.”

 

“For too long, the loudest voices — who always oppose welcoming new neighbors — have dictated our city’s housing strategy. In the face of our housing shortage, we have drawn a line that NIMBYs will no longer have the final say. I applaud the City Council for their partnership in standing with us in bringing hundreds of new homes to New York City,” said Chief Housing Officer Jessica Katz. “Everyone deserves to be able to live in our city in an affordable home, and today’s vote sends a clear message that the Adams administration will not tread lightly as we fight to house all New Yorkers.”

 

"This is a win for the Bronx and for the entire city, and we have so much more to do," said New York City Planning Commission Chair and New York City Department of City Planning Director Dan Garodnick.  "A big thanks to Speaker Adrienne Adams and the City Council for finding a way to get to a yes.”

DiNapoli: MTA Outlook Shows Growing Need for New Funding as Budget Gaps Widen

 

MTA Budget Proposal Relies on Additional Support by 2023 to Reduce Debt and Narrow Gaps MTA Must Also Do More to Avoid New Debt Gimmicks, Identify Cost Savings and Boost Revenue The Metropolitan Transportation Authority (MTA) has two years to bring back riders and rebuild fare revenue before federal relief aid runs out, but in that time, it must develop plans to cover budget gaps that start at $2.5 billion in 2025 and grow in the outyears, according to a report on MTA’s financial outlook released today by New York State Comptroller Thomas P. DiNapoli. “The serious structural budgetary imbalance that the MTA has to fix is clearer now that it has scrapped its ill-advised plan to cover operating costs by borrowing,” DiNapoli said. “The MTA needs to come up with billions of dollars to pay for operations in the coming years and that puts greater strain on its capital plan to update and repair the transit system. This has to be achieved against broad economic challenges that are increasing costs and threaten a recession. The MTA has begun to lay out options for its funding partners, leaving them with some tough decisions. The authority must do its part to ensure any funds provided are maximized to enhance operations and achieve structural budgetary balance.” Budget Gaps Entering July 2022, transit ridership continued to lag at the low end of MTA’s projections, forcing it to revise projections downward and to plan spending of federal relief funds faster than expected to cover shortfalls in fare revenue. Since the MTA has discarded its plan to cover holes in its operating costs through debt, its structural budget imbalance is clearer. Gaps are forecast at $2.5 billion in 2025 and 2026 as spending outpaces inflation projections, but could be as high as $4.6 billion in 2026 if the MTA’s unspecified gap-closing program falls short and economic trends increase the authority’s recurring costs and weaken tax revenues. Other pressures on the MTA’s budget as federal relief funds disappear include higher pension and overtime costs, higher than expected inflation and rising debt service, which may burden future commuters as the MTA has made a recent habit of deferring repayment of its debt. Ultimately, the budget gaps and risks that accompany them are likely to be too large for the MTA to manage without additional funding or significant fare and toll increases that could hurt regional economic growth. To ease its debt burden, reflecting the share of operating spending that goes to pay down debt and narrow budget gaps, the MTA suggests that if funding partners provide additional dollars by 2023 it would allow it to use federal money to pre-pay $3.6 billion of its debt outstanding and reduce budget deficits by about one-third in the years ahead. If the MTA’s funding partners move forward with this approach, DiNapoli’s report said the authority should do its part to lay out further steps it can take to close the remaining budget gaps and avoid budget practices that will lead to the same issues in the future, including the deferral of debt service payments. The MTA should specify and increase planned savings, identify means for increasing non-operating revenue and ridership beyond current projections, and enhance service efficiency. Federal relief allows the MTA to close gaps and balance its budgets in 2023 and 2024. In lieu of the MTA receiving additional aid to reduce its debt, the MTA has $5.5 billion of federal funds remaining that it can use to improve transit service in the hopes of persuading riders to come back. Its regular customer satisfaction surveys should help it better target spending to address riders’ needs. Measurable improvement in service is imperative in part to justify planned fare and toll increases of 4% in 2023 and 2025. Ridership The MTA’s July Plan anticipates subway ridership will reach a “new normal” of 1.3 billion trips in 2026, which is 23% fewer than 2019. To date, however, ridership has returned unevenly, with stations outside the city’s central business districts recovering first, even as ridership in stations in Manhattan have increased more recently, as DiNapoli’s subway ridership dashboard has tracked. Bus ridership has remained flat in 2022 at about 40% lower than it was pre-pandemic. The MTA anticipates the Long Island Rail Road will reach 76 million riders in 2026, still 16% below 2019 and Metro-North Railroad to reach 61.5 million riders in 2026, which is 29% below pre-pandemic numbers. Bridge and tunnel crossings recovered faster and are expected to be at 2019 levels through the July Plan period. DiNapoli’s report on the MTA’s financial outlook also noted that: MTA has projected several scenarios of ridership returning. In the least optimistic case — just 73% of 2019 ridership in 2026 — MTA estimates fare revenue would be down by $350 million a year. Every 1% increase in inflation over the 2% assumption could raise MTA’s costs by $150 million annually. The MTA estimates a recession could reduce its annual tax revenues by $500 million to $1 billion and DiNapoli has noted that it could also put a damper on ridership recovery. DiNapoli projects additional risks to the MTA’s July Plan could increase its budget gaps by $220 million in 2022, $250 million in 2023, $341 million in 2024, $401 million in 2025 and $461 million in 2026. Among the risks are higher than projected pension and overtime costs, and $100 million in anticipated savings that the MTA has not yet identified. Congestion pricing, estimated to bring $15 billion for the MTA’s $55.4 billion, 2020-2024 capital program, awaits a decision from the Federal Highway Administration in January 2023. If approval arrives on time, the MTA expects to start receiving $1 billion in annual revenue in late 2023. Using congestion pricing funds to help close operating gaps would ultimately put the authority’s capital program at risk and substantially increase its debt burden. Report: Financial Outlook for the Metropolitan Transportation Authority Other References: Subway Ridership Dashboard MTA Debt Report

Defendant Sentenced to 18 Months in Prison for Sabotage of NYPD Vehicle and COVID-19 Related Fraud

Brooklyn Man Cut a Brake Line of NYPD Vehicle and Stole Thousands of Dollars Earmarked for Small Businesses Suffering Economic Effects of the COVID-19 Pandemic 

 Jeremy Trapp was sentenced by United States District Judge William F. Kuntz II to 18 months in prison for cutting a brake line of a New York City Police Department (NYPD) van and 18 months in prison for committing wire fraud in connection with the COVID-19 pandemic-related Economic Injury Disaster Loan program.  The sentences will run concurrently.  As part of the sentence, the Court ordered Trapp to pay $9,722.88 in restitution to the United States Small Business Administration.

Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Keechant L. Sewell, Commissioner, NYPD, announced the sentences.

“This sentence shows that there are consequences for those who seek to harm our law enforcement officers and steal from our public assistance programs,” stated United States Attorney Peace.  “In cutting a brake line on an NYPD vehicle, Jeremy Trapp showed a blatant disregard for the lives of police officers and residents of New York City who could have been killed or seriously injured by a runaway vehicle without brakes.”

“Jeremy Trapp’s contempt for the law is first demonstrated by his stealing money meant for people adversely impacted by the COVID-19 pandemic, and is then exceeded by his disdain for those who enforce the law,” stated NYPD Commissioner Sewell.  “Cutting the brake lines of an NYPD vehicle would not only threaten the safety of police officers – it would endanger the lives of anyone in that vehicle’s path. Any attempt to rationalize these actions as a protest against the government or law enforcement is the height of hypocrisy. I want to thank the U.S. Attorney for the Eastern District, the New York Field Office of the FBI, and the NYPD’s Intelligence Bureau for their outstanding work on this case.”

As set forth in the court filings and today’s proceeding, on July 17, 2020, Trapp crawled under a marked NYPD van parked near Fourth Avenue and 42nd Street in Sunset Park, Brooklyn, and partially severed a line that is part of the NYPD van’s anti-lock braking system, which is similar in appearance to, and in the same location as, the NYPD vehicle’s main brake line.  A malfunctioning anti-lock braking system would adversely impact a driver’s ability to stop and maintain control of the van in an emergency.

Additionally, in June 2020, Trapp submitted a fraudulent Economic Injury Disaster Loan program (EIDL) loan and grant application.  EIDL provides qualifying small businesses with low-interest loans.  The Coronavirus Aid, Relief and Economic Security (CARES) Act expanded EIDL to provide economic support to help offset the temporary loss of revenue experienced by businesses due to the COVID-19 pandemic. 

In the application, Trapp claimed that he was the sole proprietor of a car wash business located at his home address in Brooklyn, a multi-unit residential building.  Trapp further represented that he employed ten individuals and that his gross revenue for the 12 months prior to the COVID-19 pandemic was $150,000.  Based on Trapp’s false representations, the Small Business Administration approved a $42,500 loan and $10,000 grant to Trapp, and these funds were deposited into Trapp’s bank account.  

NYPD Announces Citywide Scam Awareness Campaign

 

Public awareness initiative features a new, 24-hour information hotline: 646-610-SCAM

Police Commissioner Keechant L. Sewell today announced the launch of a citywide initiative to prevent New Yorkers from falling prey to a range of emerging scams and cyber-assisted crimes that use deception to defraud unsuspecting victims.

The New York City Police Department’s scam awareness campaign is designed to raise awareness about the range of schemes criminals are using to target and exploit people, steal their money or other property, and cause incalculable harm to individuals, families, and communities.

A prime feature of the new NYPD initiative is the establishment of a 24-hour information hotline to help New Yorkers inquire about, and better understand, these criminal scams. Police personnel assigned to answer the hotline – 646-610-SCAM – will guide callers in responding to scams, educate them about additional resources, and refer them to services, including 911, for crimes requiring a police response. By gathering and sharing intelligence about these evolving crimes, law enforcement can better analyze and neutralize them.

"The NYPD is fighting this challenging and complex landscape of criminality head on," said Police Commissioner Sewell. "These insidious crimes occur citywide, and they target some of our most vulnerable communities – including our immigrant, elder, and socioeconomically disadvantaged populations. But the NYPD is ever vigilant, and we ask the public to join us in stopping these scams and holding those behind them fully accountable."

Like traditional crime, some scams may be perpetrated in person. But criminals have increasingly built digital components into their scams – making initial contact through email, phone, text message, or through social media. In some of the scams’ most common forms, the thieves attempt to create urgency regarding a loved one and ask for money to be wired, transferred, or delivered via gift cards. Others try to win a victim’s confidence or lower their guard to obtain personal information by telling them, for instance, that they have won and need to claim a large cash prize.

As part of its preventative efforts, the NYPD is warning people to be alert to suspicious contacts from anyone claiming to be the following: part of a government agency, authority, or utility; a debt collector; a bank or retail company representative; or a contact from a dating app or website.

"Be aware that no legitimate business or government agency will ever require you to purchase or send gift cards to pay a bill or resolve a debt," said Commissioner Sewell. "If you have any concerns that you or someone you know may be the victim of a scam, call our information hotline. To report a crime, call 911 or your local precinct. There is always help available."

The NYPD is working with all of its government partners, community groups, and retailers across New York City to issue and disseminate flyers with information about this awareness and prevention campaign, and to provide further details about the scams themselves. Additionally, NYPD personnel will be visiting gift card retailers and vulnerable community members citywide to educate them about gift card safety. Among the safety tips for New Yorkers: do not respond to unknown calls or texts; use official websites to submit personal information; do not let others use your mobile phone; be aware of your surroundings; consult friends and relatives about suspected scams; and use gift cards for shopping only – never to make any other type of payment.

For additional information, see the link below to the Police Commissioner’s recorded message:

https://youtu.be/hgSlsnty_XU

Attorney General James Secures Over $750,000 from Pediatric Dentistry Group for Performing Unnecessary Procedures

 

Dr. Barry L. Jacobson and HQRC Management Services Allegedly Performed and Billed Medicaid for Medically Unnecessary Baby Root Canals

More Than $430,000 Will Be Returned to New York State Medicaid Program

 New York Attorney General Letitia James today announced a $753,457 agreement with pediatric dentist Dr. Barry L. Jacobson and his company HQRC Management Services LLC (HQRC), along with 13 other affiliated pediatric dentistry locations. The dentistry group allegedly performed and billed for medically unnecessary pediatric root canals. This settlement is the result of a joint investigation between the Attorney General’s Medicaid Fraud Control Unit (MFCU), and the United States Attorney’s Office for the District of New Jersey, which is collecting $313,783 for the United States’ shares of New York and New Jersey Medicaid damages as part of this agreement.

“Dr. Jacobson and HQRC allegedly performed unnecessary and invasive dental procedures on children to line their own pockets,” said Attorney General James. “My office will not tolerate any instance of medically unnecessary procedures performed on vulnerable Medicaid beneficiaries. I am grateful to U.S. Attorney Philip Sellinger and team for their partnership as we investigated this fraudulent scheme.”

“It is unconscionable that medical professionals were willing to perform unnecessary dental procedures on children simply to make money,” said U.S. Attorney Sellinger. “Recovering their ill-gotten gains only begins to undo this damage. Working with Attorney General James and our partners in the New York Attorney General’s Office, we want to make it clear that this behavior is intolerable.”

The settlement resolves allegations that some HQRC dentists performed medically unnecessary pulpotomies — often referred to as “baby root canals” — on pediatric patients. A pulpotomy is a procedure to restore infected primary teeth in children whereby the dentist removes infected and damaged pulp from the upper part of the tooth and covers the remaining part of the child’s tooth with a filling or a crown. Dr. Jacobson and HQRC admit MFCU’s investigative findings that in some instances between 2011 and 2018, affiliated dentists performed and billed Medicaid for therapeutic pulpotomies not supported by the medical records maintained at the respective dental practices. The defendants also admit that in some instances between 2011 and 2014, HQRC made billing errors on claims submitted to New York and New Jersey Medicaid contractors that resulted in inaccurate servicing provider information on claims for services performed at three of its locations.

Dr. Jacobson and HQRC, now doing business as PDS Management Solutions, operate pediatric dental practices in New York, New Jersey, and Vermont. The majority of these practices are in New York, and the following are parties to the agreement: Pediatric Dentistry of Paterson, Pediatric Dentistry of Teaneck, Pediatric Dentistry of Wyckoff, Pediatric Dentistry of Flushing, Pediatric Dentistry of the Bronx, Pediatric Dentistry of Valley Stream, Pediatric Dentistry of Avenue U, Pediatric Dentistry of Boro Park, Pediatric Dentistry of Monsey, Pediatric Dentistry of Kingston, Pediatric Dentistry of Albany, Pediatric Dentistry of Malone, and North Country Pediatric Dentistry. 

The case against Dr. Jacobson, HQRC, and the affiliated dental practices was initiated by a former employee, who will receive a portion of the settlement. The whistleblower lawsuit was filed under the qui tam provisions of the federal and New York False Claims Acts, which allow people to file civil actions on behalf of the government and share in any recovery.

Reporting Medicaid Provider Fraud: MFCU defends the public by addressing Medicaid provider fraud and protecting nursing home residents from abuse and neglect. If an individual believes they have information about Medicaid provider fraud or about an incident of abuse or neglect of a nursing home resident, they can file a confidential complaint online or call the MFCU hotline at (800) 771-7755. If the situation is an emergency, please call 911.

MFCU’s total funding for federal fiscal year (FY) 2023 is $65,717,936. Of that total, 75 percent, or $49,288,452, is awarded under a grant from the U .S. Department of Health and Human Services. The remaining 25 percent, totaling $16,429,484 for FY 2023, is funded by New York state. Through MFCU’s recoveries in law enforcement actions, it regularly returns more to the state than it receives in state funding.

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