Sunday, March 10, 2024

Owner of Telemedicine Companies Pleads Guilty to Role in $136M Medicare Fraud Conspiracy


The owner of two purported telemedicine companies pleaded guilty to her role in a conspiracy to defraud Medicare of $136 million.

According to court documents, Jean Wilson, 52, of Richmond Hill, Georgia, was a licensed nurse practitioner in New Jersey. Wilson owned two purported telemedicine companies, Advantage Choice Care LLC (ACC) and Tele Medcare LLC (Tele Medcare), and two orthotic brace suppliers, Southeastern DME and Choice Care Medical. Wilson, through these companies, recruited medical professionals who were bribed to sign prescriptions for Medicare beneficiaries for orthotic braces and prescription drugs that were medically unnecessary, ineligible for Medicare reimbursement, or not provided as represented. In certain instances, Wilson only paid providers when they signed orthotic brace orders. The medical professionals Wilson recruited would often sign the orthotic brace orders based solely on a brief telephonic interaction with the beneficiary, or no interaction at all. Wilson and the medical providers she retained frequently signed false and misleading documentation to support claims to Medicare.

During the conspiracy, Wilson and others submitted, or caused the submission of, false and fraudulent claims to Medicare, Medicare sponsors, and Medicare Part D plans in excess of approximately $136 million for orthotic braces and prescription drugs that were medically unnecessary, ineligible for Medicare reimbursement, or not provided as represented. Medicare, Medicare sponsors, and Medicare Part D plans paid at least $66 million for these claims.

Wilson pleaded guilty to conspiracy to commit health care fraud and wire fraud. She is scheduled to be sentenced on July 18 and faces a maximum penalty of 20 years in prison. As part of her plea, she has agreed to pay over $66 million in restitution to Medicare and the IRS. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

Acting Assistant Attorney General Nicole M. Argentieri of the Justice Department’s Criminal Division, Special Agent in Charge Naomi Gruchacz of the Department of Health and Human Services Office of Inspector General (HHS-OIG), Special Agent in Charge James Dennehy of the FBI Newark Field Office, and Special Agent in Charge Tammy Tomlins of the IRS Criminal Investigation (IRS-CI) Newark Field Office made the announcement.

The HHS-OIG, FBI, and IRS-CI are investigating the case.

Trial Attorneys Darren C. Halverson and Nicholas K. Peone of the Criminal Division’s Fraud Section are prosecuting the case.

The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, currently comprised of nine strike forces operating in 27 federal districts, has charged more than 5,400 defendants who collectively have billed federal health care programs and private insurers more than $27 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at www.justice.gov/criminal-fraud/health-care-fraud-unit.

Attorney General James Wins $300,000 for Customers of Long Island Pet Store That Illegally Sold Sick Puppies

 

Shake A Paw Sold Sick Puppies, Some of Which Died Shortly After Purchase, to Unsuspecting New Yorkers
AG Secures Restitution for Customers and Stops Shake A Paw From Using Known Puppy Mills

New York Attorney General Letitia James announced that pet store, Shake A Paw, will pay $300,000 to approximately 190 customers who they illegally and knowingly sold sick puppies to at locations on Long Island. As part of the settlement, Shake A Paw will also be required to change their business practices after an investigation by the Office of the Attorney General (OAG) found Shake A Paw kept dogs in inhumane conditions and sold critically sick puppies that died within days or weeks after purchase. Shake A Paw will pay $300,000 in restitution to all impacted customers, many of whom spent thousands of dollars on medical bills after the puppies they bought fell sick. The company is also required to stop all misleading advertising about selling the “healthiest” and “best of the best puppies” from the “most trusted breeders,” and can only purchase animals from reputable breeders or brokers that follow state and local laws. Shake A Paw will be banned from selling dogs entirely starting in December 2024 as the result of a new state law taking effect that prevents pet stores from selling dogs.  

“New Yorkers who purchase a dog are seeking loyal and loving additions to their families. Unknowingly buying a sick puppy can be downright heartbreaking,” said Attorney General James. “Not only did Shake A Paw’s owners treat the dogs in their care despicably, they defrauded their customers by lying about their health, leaving many families stuck with expensive veterinary bills. Shake A Paw’s days of buying and selling sick puppies are over, and their former customers will get restitution for the losses they suffered. I will continue to fight to protect consumers and hold accountable all those who violate laws meant to protect innocent animals.”  

In December 2021, Attorney General James sued Shake A Paw after an OAG investigation revealed its two Long Island locations in Hicksville and Lynbrook falsely advertised sick pets as healthy, failed to disclose the animals’ legitimate medical conditions, misrepresented puppies’ breeds, and refused to reimburse consumers for veterinarian bills they incurred because the dogs they purchased were sick. 

In one case, a customer purchased a puppy who died just six days after a Shake A Paw employee told them that the puppy was “fine.” In another case, a customer’s puppy was hospitalized for severe double pneumonia only two days after purchase. One customer spent over $2,000 on veterinary bills after a puppy she bought from Shake A Paw was diagnosed with an upper respiratory infection just a week after purchase. Shake A Paw refused to reimburse her for the full cost, in violation of the law. 

The OAG’s investigation analyzed over 400 veterinary records of puppies sold at the stores and found that more than half of the puppies had upper respiratory infections and/or breathing problems or were infected with parasites. Almost 10 percent were diagnosed with pneumonia, which can be fatal in dogs. The illnesses and congenital defects in these animals were found to be consistent with puppies that are purchased from puppy mills.

Shake A Paw also lied to customers about the sources of its puppies, failing to fully disclose to consumers that their puppies originated from known puppy mills. While its website claimed that they “work with the most trusted breeders nationwide and handpick the best of the bunch,” in reality, Shake A Paw’s owners shipped thousands of puppies from known puppy mills, including one on the Humane Society’s “horrible hundred” list of the worst breeders in the country. 

After selling sick puppies to customers, Shake A Paw refused to offer reimbursements when they called to complain. Instead, Shake A Paw directed customers to the company’s own veterinarians, who would often fail to correctly diagnose illnesses. In violation of New York’s Pet Lemon Law, Shake A Paw refused reimbursements to customers and told customers they would not be reimbursed if they visited an independent veterinarian. 

Shortly after filing the lawsuit against Shake A Paw, Attorney General James secured a temporary court order banning its two Long Island stores from purchasing or adopting any new animals for resale in New York, requiring a vet appointed by OAG to examine all puppies in Shake A Paw’s possession prior to their sale, and freezing its bank accounts. 

The settlement announced today resolves OAG’s case against Shake A Paw. Shake A Paw will pay $300,000, which OAG will distribute to impacted customers. The company must comply with all local and state animal welfare laws, including providing adequate housing, enclosures, infection treatment, and other measures to ensure proper care. Shake A Paw will also be banned from sourcing animals from puppy mills and must only purchase animals from breeders or brokers that are licensed with the USDA and do not have recent USDA violations. In addition, Shake A Paw must remove all false and misleading advertising about selling the “healthiest” and “best of the best puppies,” and using the “most trusted breeders” from their website and will modify their contract and sales documents to remove deceptive language and conform with the law. Shake A Paw must also provide consumers with all notices and disclosures required by law, including statements certifying the health of the puppies they sell, the breeder’s information, and vaccine information. 

Beginning in December 2024, Shake A Paw will be banned from selling dogs when a New York law banning retail sales of dogs, cats, and rabbits in pet stores takes effect. The law mandates that pet stores will only be able to offer shelter adoption services for these animals in an effort to combat abusive breeders and puppy mills. 

“For too long, pet stores have deceptively marketed and sold sick commercially bred puppies, passing them off as heathy pets from high-quality breeders. In this cruel and unconscionable business model, pet stores and out-of-state puppy mills profit, while families are left emotionally and financially drained caring for a puppy with painful, chronic or fatal illnesses or deformities,” said Matt Bershadker, ASPCA President and CEO. “We thank Attorney General James for holding Shake a Paw accountable for the pain they have caused so many New Yorkers.” 

Attorney General James urges New Yorkers who have been the victim of pet retailers using similar deceptive or fraudulent practices to file a complaint online.

The Attorney General’s Office would like to thank: Dr. Julie Fixman, DVM; Dr. Diane Levitan, DVM; Kathleen Summers, Director of Outreach and Research of the Humane Society of the United States Stop Puppy Mills Campaign, ASPCA; and Investigator Matthew Roper of the Nassau County SPCA for their assistance in this investigation. 

DEC Announces Completion of Projects to Replace Harmful Greenhouse Gas Refrigerants in Disadvantaged Communites

 

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Climate-Friendly Refrigeration Alternatives Help Implement Climate Action Council’s Scoping Plan Recommendations to Reduce Building Emissions

Buffalo and Islandia Stores Serve as Training Locations for Green Workforce Development Opportunities  

Photos of Commercial Coolers from Projects Here 

The New York State Department of Environmental Conservation (DEC) announced the completion of two projects that successfully demonstrate the use of sustainable refrigerants in grocery stores as a replacement for climate-altering greenhouse gas refrigerants. The projects at an ALDI in Buffalo, Erie County, and a Walgreens in Islandia, Suffolk County, are models for future commercial sustainable refrigeration transitions in supermarkets and drugstores in disadvantaged communities.  

DEC Commissioner Basil Seggos said, “New York State continues to advance efforts to help reduce climate-altering greenhouse gases and strengthen community resilience. These retailers in Buffalo and Islandia will help bring New York closer to realizing the Climate Act’s ambitious emission reduction requirements. I applaud ALDI and Walgreens’ proactive approach to advance sustainable refrigeration in communities that are most vulnerable to environmental pollution. These projects are models for other food retailers statewide to work with DEC to reduce the pollution contributing to climate change.” 

Buildings contribute 32 percent of statewide greenhouse gas emissions in New York—the most of all sectors. The Climate Action Council Scoping Plan recommends phasing out hydrofluorocarbons (HFCs), which are extremely potent greenhouse gases, to advance emission reductions in this sector. The demonstration projects undertaken by Walgreens and ALDI will help guide a statewide transition away from HFCs while informing policy development and programming, and help New York reach its emission reduction requirements. By modeling a successful project and exemplifying its benefits, the State hopes to encourage businesses across New York to transition to natural refrigeration systems. In addition, by using these locations as training sites, the North American Sustainable Refrigeration Council (NASRC) will be able to facilitate workforce development and help support the widespread adoption of climate-friendly technologies.   

 

The projects are supported by the State Environmental Protection Fund (EPF) and were completed through a partnership with NASRC and the New York State Pollution Prevention Institute (NYSP2I). The EPF is a critical resource for climate mitigation and other programs such as land acquisition, farmland protection, environmental justice, invasive species prevention and eradication, recreation access, and water quality improvement. In the 2024-25 Executive Budget, Governor Hochul kept funding for the EPF at $400 million, the highest-ever level of funding in the program's history. 

 

The Buffalo ALDI and Islandia Walgreens upgraded from synthetic HFC refrigerants to systems that use natural alternatives. HFCs are often used in refrigeration and cooling and can have hundreds to thousands of times higher global warming potentials than natural refrigerants, meaning HFCs have a significant impact on climate change. 

 

NYSP2I will conduct research and monitoring to compare pre- and post-installation efficiency and emissions data for ALDI. Sustainability considerations will also be monitored and analyzed by Walgreens, including the ability to achieve required temperatures, energy efficiency, maintenance, and ultimately total emission comparisons between equipment types. These studies are expected to be completed in 2024. 

 

The projects will help demonstrate New York’s efforts to address the upfront cost barriers of technology adoption, reduce greenhouse gas emissions, and ensure food security. NASRC will also coordinate free technician training events at both sites to increase opportunities for the local technician workforce to learn about natural refrigerant equipment and systems. 

 

Consistent with New York’s landmark Climate Leadership and Community Protection Act (Climate Act), New York State adopted regulations in 2020 that limit HFCs in new equipment. These projects support the Climate Act requirements to reduce statewide emissions 85 percent by 2050 and ensure at least 35 percent of benefits, with a goal of 40 percent, are directed to disadvantaged communities. 

 

In December 2023, DEC released proposed regulations to further reduce greenhouse gas emissions from refrigerants, foams, and aerosol propellants. The draft regulation includes prohibitions, reporting, and other requirements regarding the sale, use, and supply of HFCs and new products and systems that contain HFCs to help achieve the required statewide greenhouse gas emission limits. Public comments on the draft regulations are being accepted until March 19, 2024.


New York State's Nation-Leading Climate Plan 

New York State's nation-leading climate agenda calls for an orderly and just transition that creates family-sustaining jobs, continues to foster a green economy across all sectors and ensures that at least 35 percent, with a goal of 40 percent, of the benefits of clean energy investments are directed to disadvantaged communities. Guided by some of the nation’s most aggressive climate and clean energy initiatives, New York is advancing a suite of efforts – including the New York Cap-and-Invest program (NYCI) and other complementary policies – to reduce greenhouse gas emissions 40 percent by 2030 and 85 percent by 2050 from 1990 levels. New York is also on a path to achieving a zero-emission electricity sector by 2040, including 70 percent renewable energy generation by 2030, and economywide carbon neutrality by mid-century. A cornerstone of this transition is New York's unprecedented clean energy investments, including more than $40 billion in 64 large-scale renewable and transmission projects across the state, $6.8 billion to reduce building emissions, $3.3 billion to scale up solar, nearly $3 billion for clean transportation initiatives, and over $2 billion in NY Green Bank commitments. These and other investments are supporting more than 170,000 jobs in New York’s clean energy sector as of 2022 and over 3,000 percent growth in the distributed solar sector since 2011. To reduce greenhouse gas emissions and improve air quality, New York also adopted zero-emission vehicle regulations, including requiring all new passenger cars and light-duty trucks sold in the State be zero emission by 2035. Partnerships are continuing to advance New York’s climate action with 400 registered and more than 100 certified Climate Smart Communities, nearly 500 Clean Energy Communities, and the State’s largest community air monitoring initiative in 10 disadvantaged communities across the State to help target air pollution and combat climate change. 

Saturday, March 9, 2024

Governor Hochul Announces New Protocols to Ensure New Yorkers Receive Continuity of Health Care Services Following Cyberattack

laptop and cell phone

Change Healthcare Continues to Restore Systems Following Unprecedented Cyberattack

State Department of Financial Services Issues Letter Outlining Protocols for Health Insurers

Governor Kathy Hochul announced that health insurers were directed to follow new protocols and assist healthcare providers to ensure New Yorkers have access to uninterrupted healthcare services. This action was taken after a cyberattack on health care platform Change Healthcare, part of UnitedHealth Group, which saw disruptions from the cyberattack to the claims and payment systems on February 21, 2024.

“Every New Yorker deserves to feel confidence that their financial information, and sensitive medical data, are safe from digital attacks and the dark web,” Governor Hochul said. “Health care insurers and providers must work together to guarantee that any digital event doesn’t stop people from receiving appropriate care, and my administration has allocated $500 million to help hospitals rapidly and aggressively enhance their systems and safety protocols.”

Change Healthcare, a technology platform used by a substantial number of health care providers in New York, disconnected its systems during the cyberattack. The New York State Department of Financial Services (DFS) has issued a letter to health insurers and other health benefit issuers to ensure continuity of care following these disruptions. The letter provides guidance for how they should work with providers to avoid disruptions in care, which may include suspending certain utilization review requirements, appeal timeframes, claim submission timeframes, and eligibility verifications. The circular letter also strongly urges insurers to work with providers to address cash flow disruptions to avoid disruption of health care services.

As a result of the cyberattack, some providers are currently unable to request preauthorization; engage in concurrent or retrospective reviews; submit internal appeals, external appeals, or claims for payment within the requisite timeframes; verify an insured’s eligibility for coverage; and obtain timely payment for health care services. Governor Hochul has directed state agencies to actively monitor the impact of this cybersecurity incident.

A copy of the circular letter can be found on the DFS website.

NYS Office of the Comptroller DiNapoli: New York's Public and Private Colleges and Universities Face Significant Challenges in Years Ahead

 

Office of the New York State Comptroller News

new report by State Comptroller Thomas P. DiNapoli highlights the challenges New York’s higher education sector is facing, including a looming enrollment cliff, growing costs of attendance, and rising student debt. The report examines both public and private institutions of higher education.

“New York has a robust higher education sector that attracts students and investment to our colleges and universities, which benefits our state and local economies,” DiNapoli said. “Declining enrollment over the last decade has already hurt the finances of several public and private institutions, forcing a few to downsize or close their doors. New York’s future depends on our institutions of higher education staying competitive by ensuring they are affordable, are diverse, and nurture a spirit of innovation and community in their students.”

Falling Enrollment and Looming Enrollment Cliff

In large part due to demographic changes, attracting potential students has become more competitive, and New York’s share of enrollment has decreased. In Fall 1970, New York’s higher education institutions enrolled about 1 in 11 students nationally; in Fall 2010, when enrollment peaked nationwide, it was 1 in 16. New York’s share of national enrollment remained stable at 6.2% between 2010 and 2020.

In Fall 2022, there were 896,000 students enrolled across all postsecondary institutions in the state. This was the lowest total enrollment over a 15-year period, a decline of approximately 73,000 full-time students, or 7.6% since Fall 2008. The decline was led by the nearly 14% drop in enrollment at public institutions, driven by decreases at community colleges that began in 2011.

In Fall 2023, 367,542 students were enrolled at the State University of New York (SUNY), its first year-over-year increase since Fall 2010. Most of the growth (nearly 75%) occurred at community colleges. Still, total enrollment was lower than in Fall 2021 and not all SUNY institutions experienced increases.

The college-age population that drives enrollments at postsecondary institutions has been dropping as a share of the total population nationally, and is forecast to undergo a precipitous drop beginning in 2025 – a looming “enrollment cliff.” The impact of enrollment declines over the last decade has impacted the finances of several public and private institutions, with a handful of institutions downsizing or closing.

While higher education enrollment typically grows during or immediately after a recession, the COVID-19 pandemic had the opposite impact, with enrollment declining in 2020 and 2021. Social distancing restrictions and a strong job market as the economy recovered may have played a role. The pandemic also spurred a rise in student transfers and withdrawals, or “stop-outs”, and declines in the upward transfer of community college students to higher degree programs, particularly for disadvantaged students.

Degrees and Return on Investment

Outcomes related to earning a degree, including salaries upon graduation, are more positive for New York’s college students than those in other states. Collectively, New York’s institutions exceed the national performance in enrolled students completing their degrees (69.1% compared to 62.3%). However, completion rates at community colleges are also lower than at four-year schools. Less than half of the students in public two-year colleges who began in Fall 2016 completed their coursework by June 2022. Declining enrollment and low completion rates resulted in 3.4% fewer associate degrees awarded in academic year (AY) 2020-21 than in AY 2009-10.

Research has consistently demonstrated that individuals with a college degree earn more than those with only a high school diploma. Median earnings for bachelor’s degree holders in the state are nearly $82,000 higher than for those in peer states, including California, Florida and Texas and neighboring states like New Jersey and Massachusetts. Overall, earnings in New York increased from 2010 to 2022 at a rate greater than nationwide and higher than the median.

Additional Challenges

For AY 2020-21, New York’s public and private average undergraduate charges were both higher than the national average, particularly for in-state costs at two-year public institutions. Private four-year tuition, fees, room and board of $58,423 in New York was 26% higher than the national average of $46,313. Public two-year, or community college, in-state tuition and fees of $5,576 in New York were 59% higher than the national average of $3,501. Public four-year out-of-state tuition and fees were 26% below the national average of $27,091.

Growing college costs nationwide have led to unprecedented growth in student loan debt in New York and the country. Federal Reserve Bank of New York data indicates that in the third quarter of 2023 New York’s per capita student loan debt was $5,830, higher than the national average ($5,370) and peer states like Texas ($5,170) and Florida ($4,960).

Student diversity varies by system and campus. According to SUNY’s data, the proportion of “minority” students in Fall 2022 was 37.2%, up from 33.2% in Fall 2017. At CUNY, 76.1% of all students in Fall 2022 identified as a race or ethnicity other than white, up more than six percentage points from Fall 2010.

DiNapoli’s report examined options to facilitate growth and innovation in the higher education sector, including setting strategic goals, implementing additional approaches to spur applications and enrollment, addressing costs and financial aid gaps, and considering partnerships to keep up with innovation.

Report

Higher Education in New York: Evaluating Competitiveness and Identifying Challenges

KRVC - Thursday, March 14th - Join us for a Evening of Live Music

 

We are thrilled to host

the Allen Gogarty Trio

at Downey's Bar and Grill


next Thursday,

March 14th 7pm


free and open to the public

food and drink will be served

but seating is limited


please make a reservation

email TracyKRVC@gmail.com


Check out the redesigned 4Bronx Project page on our website - 505BX.org


and follow all the great work that we are doing

@4BronxProject


Galentine's Party at a Bronx shelter

6000 Easter eggs arrived

Small Business Spotlight


Our current Gallery 505 Exhibit is up until March 29th


Artist Noel Hefele's

DAYLIGHTING TIBBETTS EN PLEIN AIR


Gallery Hours are 2-4pm on Fridays


Watch the video below for more info:



Look forward to seeing you!


505BX.org


PUBLIC ADVOCATE CALLS FOR FUNDING SERVICES ON AND OFF RIKERS AMID ONGOING EFFORT TO CLOSE THE COMPLEX

 

New York City Public Advocate Jumaane D. Williams argued for an investment in critical services as part of the effort to close Rikers Island. Addressing a hearing of the City Council Committee on Criminal Justice, he spoke in favor of mental health supportive programs and facilities as a means of improving safety and preventing recidivism. 

In opening, the Public Advocate criticized a lack of prioritization by the administration in moving to close Rikers, saying  "... It just appears that there is no real want or belief that we should close Rikers by 2027, and I think we have to at least have to get on the same page and have a plan to how to do it. Omitting it altogether is not a good move and it wouldn't be the first time the administration just skips over a law that the Council has passed.”

After noting the dangers posed to people on both sides of the bars at Rikers, the Public Advocate emphasized the need to fund, not cut, programming for incarcerated people, arguing that previous cuts by the administration have been harmful while expressing hope for the future. “While I am very heartened to see that Mayor Adams just announced $14 million in funding for DOC to increase programming initiatives for people in custody—including trauma-informed programming, transition planning, and transportation and supplemental education services—I still have some concerns about DOC’s ability to deliver that programming themselves. Still, it is a step in the right direction, and I look forward to working with the administration and the City Council to ensure that the city delivers high-quality programming to people in custody and complies with all city laws.”

Public Advocate Williams stated in closing that “Rikers Island is the largest mental health services provider in NYC, probably one of the largest in North America,” and both expressed gratitude for new hospital-based housing units opened by the administration and a need to continue this kind of investment to ultimately close Rikers and better serve New Yorkers. 

Read the Public Advocate’s full statement as delivered at the hearing below. 

STATEMENT OF PUBLIC ADVOCATE JUMAANE D. WILLIAMS
TO THE NEW YORK CITY COUNCIL COMMITTEE ON CRIMINAL JUSTICE
MARCH 8, 2024

Good morning,

My name is Jumaane D. Williams and I am the Public Advocate for the City of New York. I would like to thank Chair Nurse and the members of the Committee on Criminal Justice for holding this hearing.

First, I just wanted to make mention that when we heard conversation about the budget, it didn’t seem to include funding or a plan to actually close the jail, and I heard comments and issues around particularly capital funding, which makes some sense, my concern has been that –combined with things I’ve heard the administration say before, it just appears that there is no real want or belief that we should close Rikers by 2027, and I think we have to at least have to get on the same page and have a plan to how to do it. Omitting it altogether is not a good move and it wouldn't be the first time the administration just skips over a law that the Council has passed. So I’m hoping that it will be reconsidered as the conversations move forward.

The existence of Rikers right now does not make anyone—the people incarcerated there, the people who work there, corrections officers ,and residents of New York —safer. So I have always been very concerned about the violence inside our city’s jails, both against incarcerated people and correction officers and staff, however, New York City is not on track to close Rikers by 2027. As I mentioned, that is something we should at least agree upon. It’s one thing to try to execute a plan that doesn't work out, it’s another thing to say we’re not going to do the plan or present another one. Recidivism is a challenge for correction systems across the country. We should all acknowledge New York City’s high cost of living and competitive job market. It is especially difficult for those who have been justice-involved to stay out of jail.

Still, Mayor Adams last year eliminated programs that would help those who are incarcerated get jobs, find housing, receive mental health and substance use treatment, and reconnect with their families after their release to save $17 million. Subsequently, despite a promise from DOC that programming would not be lessened in either quality or frequency after being moved in-house, during the first four months of fiscal year 24, the number of group-based programming offered dropped by 29 percent and one-on-one sessions dropped by over 30 percent when compared to the first months of FY23.

While I am very heartened to see that Mayor Adams just announced $14 million in funding for DOC to increase programming initiatives for people in custody—including trauma-informed programming, transition planning, and transportation and supplemental education services—I still have some concerns about DOC’s ability to deliver that programming themselves. Still, it is a step in the right direction, and I look forward to working with the administration and the City Council to ensure that the city delivers high-quality programming to people in custody and complies with all city laws. The city should also be investing in pre-trial non-carceral services and also post-trial services and alternatives to incarceration, so fewer people enter Rikers Island in the first place and people have a better ability to assimilate into society when they leave.

Court backlogs and slow processing of cases also contributes to the rising population—detainees spent an average of 115 days in the jails last year, that is four times the national average. I’m hoping we all work on getting some speedy trials and getting folks out of there. Across the city’s jails, 86.6 percent of people are just waiting for their cases to conclude, and their sentences ultimately may require less jail time than what they served waiting for those cases to resolve. We must ensure that cases and trials are being processed in a timely manner. There is data that also shows the longer someone is on Rikers, the more likely they may be involved in something violent. 

In 2021, it cost $1 million for every two people incarcerated at Rikers Island—one of the most expensive jail systems in the country—yet the conditions in the jails remain abysmal. Being incarcerated takes a significant toll on a person’s physical and mental health, and many people on Rikers Island have complex health needs that require specialized care, particularly mental health. There is a significant shortage of health staff, often with one healthcare professional making rounds in multiple units. Rikers Island is the largest mental health services provider in NYC, probably one of the largest in North America.

This week, Mayor Adams announced that the city construct outposted therapeutic housing units at NYC Health + Hospitals/Woodhull and North Central Bronx, and that it has started constructing a 104-bed unit at NYC Health + Hospitals/Bellevue, so that incarcerated people in need of care do not have to travel back and forth for treatment. These units are for people with medical, mental health, and substance-use needs, and I applaud this investment in care for some of our most vulnerable New Yorkers. 

My hope is that this is a direction that we can begin to go in, make sure people have the care they need, getting people, less people in Rikers, getting people what they need in Rikers and having more ability to get them out on the right path hopefully we can all work on that together. Thank you for the opportunity to speak.