Thursday, April 16, 2020

DiNapoli Releases Bond Calendar for Second Quarter


NYS Office of the Comptroller Banner

Tentative Schedule Includes $3.68 Billion of New Money and Refunding Debt Sales
New York State Comptroller Thomas P. DiNapoli today announced a tentative schedule for the planned bond sales for the state, New York City and their major public authorities during the second quarter of 2020.
The planned sales of $3.68 billion include $2.63 billion of new money and $1.05 billion of refundings and reofferings as follows:
  • $366 million scheduled for April, of which $37.8 million is for new money and $328.5 million for refunding purposes;
  • $2.90 billion scheduled for May, of which $2.31 billion is for new money purposes and $590 million is for refunding or reoffering purposes; and
  • $410 million scheduled for June, of which $200 million is for new money purposes and $210 million is for refunding purposes.
The anticipated sales in the second quarter compare to past planned sales of $5.39 billion during the first quarter of 2020, and $3.54 billion during the second quarter of 2019.
The State Comptroller’s office chairs the Securities Coordinating Committee, which was created by Gubernatorial Executive Order primarily to coordinate the borrowing activities of the state, New York City and their respective public authorities.  All borrowings are scheduled at the request of the issuer and done pursuant to their borrowing programs.
A new schedule is released every quarter and updated as necessary. The schedule is released by the committee to assist participants in the municipal bond market. It is contingent upon execution of all project approvals required by law. The collection and release of this information by the Office of the State Comptroller is not intended as an endorsement of the proposed issuances it contains, many of which will be subject to approval by the Office of the State Comptroller.
The prospective second quarter calendar includes anticipated bond sales by the following issuers: the Dormitory Authority of the State of New York, the Empire State Development Corp., the New York State Energy Research and Development Authority, the New York State Housing Finance Agency, and the Port Authority of New York & New Jersey.
The detailed forward issuance calendar can be obtained at: www.osc.state.ny.us/pension/scccalendar.pdf.
Find out how your government money is spent at Open Book New York. Track municipal spending, the state's 170,000 contracts, billions in state payments and public authority data. Visit the Reading Room for contract FOIL requests, bid protest decisions and commonly requested data.

AOC endorsed Samelys. Will you? - NOT US, AND HERE IS WHY - THERE ARE TO MANY UNANSWERED QUESTIONS.


This came in from Team AOC, and why we will not support Samely's Lopez for Congress - There are to many unanswered questions.

Alexandria Ocasio-Cortez for Congress 
Alexandria has officially endorsed Samelys López as the progressive champion for New York’s 15th District. Today, we want your endorsement too.
Here’s the situation: Samelys is building a people-powered, progressive movement to defeat a series of moderate opponents. Her campaign is focused on a Housing for All Guarantee — because everyone has a basic right to a roof over their head.
New York’s 15th is the poorest district in the United States, despite being in one of the wealthiest cities in the world. Thousands of people live on the streets or in shelters as luxury apartment buildings have excessive vacancies. We need Samelys in the fight for social, racial, economic, and environmental justice.

Samelys spent part of her childhood on the streets — bouncing from shelter to shelter with her mother, not knowing what the future held.
The reason we trust her to fight with all her spirit for working people is because we know she has lived the struggle and understands that we have the power to change that reality.
Especially in a time of crisis like this, having Samelys in Congress is a critical priority. We need leaders who embody political courage and Samelys has shown that she’s not afraid to speak truth to power.

This is a highly contested primary. Samelys will need your help to win on her progressive platform of Medicare for All, a Green New Deal, and a Housing Guarantee for All.
Thanks for having political courage,

Team AOC

EDITOR'S NOTE:

We were assured by candidate Lopez's consultants on the day she announced her candidacy in 2019 that we would interview her. That never happened! We continued to ask for an interview of candidate Lopez, and that never happened! All we got was stonewalled by her boyfriend Michael Beltzer, a failed candidate in 2017 for city council, who was already setting up his 2021 city council campaign. 

Candidate Samely's Lopez and Michael Beltzer started the Local Democrats of New York (LDNY) to elect people to low level party positions such as County Committee members. They had these people sign a release form to allow LDNY to raise money in said candidates name to use for their campaigns, or for whatever use LDNY felt was needed. I asked Mr. Beltzer where the filings for LDNY were, to see how the money raised was spent. Mr. Beltzer said "we kept the amount under one thousand dollars so we didn't have to file." 

When Congresswoman Alexandria Ocassio-Cortez opened her Bronx campaign office Michael Beltzer was there asking AOC campaign workers to donate to his 2021 City Council campaign. 

Upon checking candidate Lopez's FEC filing as of March 31, 2020 we find no expense for rent of any office, and have to believe since Mr. Beltzer is working out of the AOC campaign headquarters that is also candidate Lopez's campaign office, but then again we have not been able to ask one question of candidate Lopez thanks to Mr. Beltzer. 

Another question from the March 31, 2020 Lopez FEC filing is that a total of $80,328 has been raised, including $5,000 listed as other committee contributions. What other committee contributions?

Then there is the listing of $34,261 spent with $30,138 on hand.  $80,328 minus $5,000, minus $34,261, minus $30,138 leaves $10,929 unaccounted for. Where did the $10,929 go?

When it comes to money we can not trust Samelys Lopez or Michael Beltzer, there are just to many unanswered questions.

We also have to question Congresswoman Ocaio-Cortez's blind support of Samelys Lopez, and the AOC PAC giving candidate Lopez what was reported as $20,000 that is no where to be found on the Lopez for Congress FEC filing. 

All parts of the Team AOC letter relating to donations were omitted.

Wednesday, April 15, 2020

BRONX WEEK 2020 CANCELLED IN RESPONSE TO COVID-19 PANDEMIC


 
Dear Friend,

We are disappointed to share that we have made the difficult decision to cancel Bronx Week 2020 to help protect our borough from the spread of the novel coronavirus, COVID-19.

Clearly this pandemic continues to be both unpredictable and unlike anything most of us have ever seen. While it certainly remains our sincere hope that we are all past the peak of this public health crisis by Bronx Week’s projected dates in mid-May, the severity of these circumstances, including the anticipated everyday challenges for our recovery, demands that we must take this step to prioritize the health, safety, and well-being of all Bronxites.

Like so many other organizations impacted by this unprecedented situation, we are now working to recalibrate our plans for the future. Thank you to everyone for your continued patience, support and understanding.

Sincerely,
Bronx Borough President Ruben Diaz Jr.

Mayor de Blasio COVID-19 April 15, 2020


  Mayor Bill de Blasio: Good morning, everybody. This time we're living in, it's causing us to experience so many challenges, so many painful realities, things we never could have imagined. There is such uncertainty. There's such confusion. There’s such a sense of insecurity. I want all New Yorkers to understand what all of us here in the City government are devoted to doing in this crisis for you and it's really basic. Our mission is to make sure we protect your health. Our mission is to keep you safe. Our mission is to make sure you have a roof over your head, and that your home is safe and secure. Our mission is to make sure you have enough food to eat, and that's what I want to focus on today. That last point, because what is more fundamental than being able to put food on the table for your family. And for hundreds of thousands of New Yorkers, that is now a question. That is not a certainty, and that's because somewhere in the neighborhood of a half-million New Yorkers have lost their livelihood in just the last few weeks, and money's running out. Whatever savings people have is running low. A lot of people already have run out of money. And yes, there's some help that's coming in. We all appreciate that for sure, but we all know it's not enough to sustain people. So, for more and more New Yorkers, we're hearing this all the time, people are literally asking, where's my next meal coming from? That's something painful to consider in the greatest city in the world, but it's what's happening. More and more people are experiencing that kind of insecurity. That's one of the most basic, and particularly for families, parents worrying about how they're going to feed their children. That's a reality that's now gotten sharper and sharper.

So, I want to affirm to everyone out there who is feeling that fear, everyone who's dealing with this problem, even if they couldn't have imagined just weeks ago, they'd be dealing with it. Here is the simple mission of your city government, and I pledge to you, I'm very confident in making this pledge, we will not allow any New Yorker to go hungry. This is not only a mission we are devoted to because it is the right thing to do, it is the moral thing to do, we must do it. And we must do it as your City government. We must do it working with all those at the community level who for years and years have helped to make sure that people are fed. The food banks, the soup kitchens, houses of worship, the nonprofit organizations. So many people have been devoted to making sure that New Yorkers had enough to eat. We're going to need them more than ever. We're going to help them more than ever. But the city government is going to take the lead, because we will not allow anyone to go hungry.
Now, yesterday I was out in Bed-Stuy, Brooklyn, and I saw something moving and remarkable, but also it was a warning sign. I was with the wonderful people who are part of the campaign against hunger. It's an organization that's been around for decades. Started at the grassroots to feed people, help people. I want to thank Dr. Melanie Samuels and her whole team. Devoted people from the community who keep coming out, and they know that they're taking a risk doing it, but they keep coming out with the proper protection on, to feed the residents of their community who need help. Melanie told me that even just a few weeks ago, typically 250 families per day would come to their food pantry to get help. She said now it's more like 500 families a day. Doubled in just a few weeks. And this is just the beginning, because when we look at this coronavirus crisis, we understand we're trying to make sense of something brand new, a disease that didn't even exist for human being six months ago. But we're also trying to understand the huge negative impact it’s had on the rest of our lives. And we know when it comes to something like unemployment, the effects get felt more deeply week after week. It doesn't all happen at once. It actually gets tougher as we go along. So, I think what's coming up is going to be even more of a challenge. And that's why we're preparing right now to feed everyone. And as you hear this presentation from me today and from our new Food Czar, Kathryn Garcia, I hope everyone listening will understand, literally, we will not let anyone go hungry. And if anybody in your life needs food, we will get it to them. We have to make sure that word is spread. We have to make sure that no one thinks they're alone. We will not let anyone go without food. We need to make sure everyone gets that message.
Now, I was in Bed-Stuy, Brooklyn, but this challenge is literally in every neighborhood, because if you have no money, how do you get food? And we know that the massive unemployment that we're experiencing is literally every zip code, every part of the city. So, whoever you are, wherever you are, if you need food, we're here for you, and there should be no shame. I want to emphasize this. There's no one's fault that we're dealing with this horrible crisis. Anyone needs food? We're here for you. You don't have to think twice. Of course, it's for free. Just pick up the phone or go online. And if you need information, you can go to nyc.gov/getfood. You can call 311. You can find all the places, all the ways we'll get you food. Please do not hesitate and spread the word to everyone you know.
Now, this is an unprecedented moment. This is something beyond even our imagination in some ways, but we have to fight back. That's what New Yorkers do. We're going to find a way. Yesterday I talked about the amazing work that's being done right here in our own city, to do what our nation's not been able to do, to create our own test kits, to create our own PPE’s, that’s the New York City way. If no one else is finding a way, we'll find a way ourselves. We'll take care of ourselves. We'll support each other. Well, this is the same idea. We are dealing with an unprecedented challenge, in terms of people needing food. So, we're going to create an unprecedented response. Today I'm announcing $170 million initiative to make sure every New Yorker gets what they need, and no New Yorker goes hungry. Now, thank God we have a strong foundation to build on. All those food pantries, and soup kitchens, all the amazing organizations out there that have been doing work all over the city for years and years. Meals on wheels, all the things that we know that are part of the compassionate approach that we take as New Yorkers to those in need. We'll be building on all of that, and we will be adding many new components, because the situation we're in now calls for a whole different strategy and approach, and one that will grow with every passing week.
So, let's talk about the sheer scale. Before this crisis, before we ever heard of coronavirus, there are about 1.2 million New Yorkers who were food insecure, who didn't regularly have the ability to get all the food they needed. And that very, very painfully included about one in every five children in this city. This crisis is now adding to that number of people who are food insecure every day, because literally people are running out of money every single day. So, we expect it to grow. And yet there is some relief coming and we're happy for sure to see the relief that's coming from the stimulus, from the unemployment benefits, this is all very, very important. But we know not everyone's going to get that money right away. We know there's a lot of red tape that some people have to navigate. We know there'll be time lags. We know some people don't qualify, and whether that's fair or not, we know there are lots of people in this city who will never get that kind of support. And I would say it's not fair, but it's the reality. So, we know that the food crisis will grow, and that's why we had to do something different.
So, I'm going talk to you about four things that will be the essence of how we go about this new strategy. And then you'll hear from our food czar who will go over more of the details. So, first, this has to be done on a grand scale, a really massive scale to reach everyone who needs it, and even more people up ahead. Since March 16th, when we really got in the thick of this crisis, there have been 4.5 million meals served to New Yorkers through all of these approaches we're now taking, and that's just the beginning. We're scaling this up very fast. You know, we've talked about the operation through our school sites. We've talked about what our senior centers are doing. So, the Department of Education, Department for the Aging. We’ve talked about the operation that's been set up through Emergency Management, led by our food czar. All of these efforts together during the month of April, will account for 10 million meals being provided to New Yorkers who need them. All for free. Now, I don't like having to tell you that number, because it says how big the problem is, but it also says how big our response is. That's April, we're ready to do even more in May.
So, the second piece of the equation is making sure that as we're providing food, we're also putting people to work, because so many people need a paycheck. So many people want to help. So, three weeks ago we launched emergency deliveries, and this means getting food to people who can't get out. Who literally can't get out physically, maybe they're disabled or seniors who can't get out and get food, and don't have anyone to get it for them. Folks who are scared to go out, because they have one of those preexisting conditions or they're immunocompromised. A lot of our residents in public housing, lot of people who if they don't get a delivery, it's not clear if they're going to get food. What we've done is we've reached out to drivers in the for-hire vehicle industry, so many of whom have seen their livelihoods upended by this crisis. We've now registered 11,000 drivers who are TLC, licensed taxi and limousine commission licensed, and they are all taking on shifts to deliver food directly to people in the greatest need who can't get out of their house, who need that delivery right to their door. These drivers are doing that, helping us feed people, they're being paid by the shift, show the game money back in their pockets to feed their families in turn. This is something that's going to have a huge positive effect on the people doing the work, but even more they're doing something absolutely crucial to help the vulnerable, most vulnerable amongst us.
Third point, we have to make sure knowing that, as I said in April, we think we will have served 10 million meals by the end of April, that's going to go up in May and it's easily going to be somewhere between 10 million and 15 million meals in May at the rate we're going, we have to make sure there's enough food to ensure we can make those deliveries, keep our food supply strong and stable. Even a small disruption in the food supply would have a huge negative effect on New Yorkers we won't let that happen. So, in our $170 million plan is a $50 million investment in an emergency food reserve for New York City this will allow us to purchase and store 18 million shelf stable meals. This means we'll have a failsafe, we'll have a reserve that's just for New York City to protect us no matter what else happens 18 million meals ready at all times. Keeping that in reserve while continuing all our regular programs to feed New Yorkers it's important to have that backstop so we can keep everyone safe.
And then fourth, protecting the people who we depend on for so many other millions of New Yorkers to get their food that's our grocery store workers, our supermarket workers. I want to just say thank you to them first, you know, they are among the groups of unsung heroes in this fight. We talk and we rightfully talk about the heroism of our health care workers, our first responders they've been absolutely amazing battling through this crisis, keeping the health system going, keeping us safe. But let's give a lot of appreciation, a lot of respect to the people who make sure we get fed those grocery store workers, those supermarket workers, they get up every day, they go to work it's a tough job we need them and they keep coming through for us. So, first of all, anytime you go to the supermarket, you go to the grocery please say thank you to them because it's not easy for them or their families, we appreciate them. But also remember this is not what they expected, these are folks just trying to make a living for their families they did not expect to be on the front lines of an international crisis, but they're acting with the same resolve and the same spirit as all our other heroes. Now we have to protect them, so we've been working with the different companies, supermarket companies and the grocery stores to make sure that their workers get the PPEs they need of one kind or another, there's all different kinds of PPEs, different kinds are needed for different situations. We're working to make sure those supplies continue to get to those supermarket workers and grocery workers so they can be safe and confident. And finally want to mention in this category we're giving some new guidance today and it— about when you go to the store, when you go shopping for food what makes sense to do. So, I'm giving the guidance to all supermarkets and groceries require customers, require customers to wear face coverings when they come in. Put up a sign at the entrance around the store making clear that that's the right way to do things and that's a requirement of your particular store that is legal and appropriate, the City will back you up. This will help everyone to remember when they're in that kind of space, it's so important to protect each other, to protect the whole community that face covering is a smart thing to do. Every store has the right to put up that guidance and make it a requirement in terms of entry into the store and anybody who will not, any customer who says, no, I refuse, I should not be allowed in. And again, we will back up those stores; we will help you to enforce the rules. You have a right to have those rules in place, it's the smart thing to do for the health of all New Yorkers, and the City of New York will back you up. We need to keep each other safe, we need to keep these groceries and supermarket workers safe so they can keep serving us, this is the smart thing to do. So, that's the big picture and I think you hear throughout that big picture, our resolute commitment to feed all New Yorkers and to make sure it happens.
Now, this brings us to the bigger picture again, which is if we're going to make sure that we work our way back to something normal, it's going to take a lot of work, but we can do it. New Yorkers have proven what an impact you can make and if we want to get people back to work, if we want to restart people's livelihoods, if we want people to have more and more money so they can afford food again, we have to get this part right, we have to get the social distancing right, we have to get the shelter in place right, we have to keep doing what we're doing. In fact, double down on it, tighten it up every way we can to keep ensuring that we get out of this current phase. Right now, again, we're in this widespread transmission of the coronavirus. None of us wants to stay in this reality; we got to work our way to the next reality – low-level transmission. And what we've said is back to these three key indicators, when we can get the three indicators I'll talk about now to all go down in unison, all in the right direction together for 10 days to 14 days – that’s when we'll be able to talk about some other changes we can make, hopefully a little bit of loosening the restrictions. But, if we can't get them to go down together, it will tell us a lot. It’ll tell us that we have to stay tough and also make sure in some cases that are things we do even better. So, let's keep talking every day about these numbers and what they mean and we'll again always post them publicly so all New Yorkers can follow along together.
So, today, we have a mixed bag. The first day things were moving in the right direction; the second day, not so much. Today, we have a mixed bag and again don't get discouraged because it's going to not be a perfect, clean line the way forward. There'll be good days and bad days, but we got get to the point where we string together a bunch of good days so we can get to the next phase. Here's what we have today; first indicator daily number of people admitted to hospitals for suspected COVID-19 cases – and again, this is a two-day lag in the data – so on April 12th that number was 326 on April 13th, it went to 370. Unfortunately, that number went up. On the second indicator, daily number of people in ICUs across our public hospitals for suspected COVID-19 cases – again, unfortunately this number has gone up from 850 to 868. On the third category, the numbers have gone in the good direction. When it comes to testing positive for COVID-19 – the percentage of people that tested positive – this went down – April 12th, 60 percent; April 13th, 53 percent. So, that's a good sign. The public health lab, the specific tests they do on some of the folks with the toughest conditions, April 12th, 84 percent; went down April 13th to 76 percent. That's going in the right direction. So, mixed bag today, this'll be a day-by-day fight. But the fact that we can show you every day that there continue to be signs of progress - these indicators and others - is a testament to what all of you have done and it's just a reminder; keep doing it. Don't let up on the gas. Hang tough with these standards, with these restrictions, with these approaches, because they're working.
Now, I talked about how New Yorkers, we're all helping ourselves and New Yorkers doing amazing things to create what we need to protect ourselves and I thank everyone who's a part of those efforts. But I also want to always note when we get help from outside and a lot of people care deeply about New York City and are stepping up. I mentioned Apple, I talked to the CEO, Tim Cook again and they've been amazing getting us the iPads we needed for distance learning for our kids, but Tim said they wanted to go farther and they wanted to help New York City directly with PPEs. And so, not only did he say he'd get us what we needed, but he got it to us in 24 hours, which is deeply appreciated; 100,000 N95 masks, 127,000 face shields, that's one of the items we needed the most this week - those face shields. So great effort by everyone at Apple, thank you, Tim Cook, we really, really appreciate this donation to New York City. And I want to thank my predecessor, Michael Bloomberg. We're really appreciative that Bloomberg Philanthropies made a $6 million donation to World Central Kitchen, specifically to provide meals for our extraordinary healthcare workers in our public hospitals who have gone through so much who have borne the brunt; great donation to help make sure that our heroes have the food they need and it also shows, you know, real appreciation and support for them at the same time. So thanks Mike, that that really helps a lot.
I'll wrap up and then of course a few words in Spanish before we take questions from the media. But, when you look at this plan, here's the bottom line – you look at this plan - one, I want all New Yorkers to recognize that Kathryn and her team and all the folks who are doing this work at all the agencies, they are resolute. They are not giving up and they've created a plan to feed people on a huge scale that few cities have ever attempted in history. This is something really powerful and I commend them all, but it comes down to that basic promise; we are going to feed every New Yorker. We're not going to let anyone fall through the cracks. We have to do it; it's the right thing to do and we will do it. 

Florida-Based Laboratory, Pain Clinic, and Two Former Executives Agree to Pay $41 Million to Resolve Allegations of Unnecessary Drug Testing


   United States Attorney William M. McSwain announced that Logan Laboratories, Inc. (Logan Labs), a reference laboratory in Tampa, Florida, Tampa Pain Relief Centers, Inc. (Tampa Pain), a pain clinic also based in Tampa, Florida, and two of their former executives, Michael T. Doyle and Christopher Utz Toepke, have agreed to pay a total of $41 million to resolve alleged violations of the False Claims Act for billing Medicare, Medicaid, TRICARE, and other federal health care programs for medically unnecessary Urine Drug Testing (UDT). Both Logan Labs and Tampa Pain are subsidiaries of Surgery Partners, Inc.  Doyle is the former CEO of Surgery Partners and Logan Labs. Toepke is the former Group President for Ancillary Services at Surgery Partners, with oversight of Logan Labs, and a former Vice President at Tampa Pain.

The government alleged that defendants knowingly submitted or caused the submission of false claims to federal health care programs for presumptive and definitive UDT, in circumstances where such testing was not medically reasonable or necessary. Presumptive UDT are tests that screen for the presence of drugs, while definitive UDT are tests that identify the amounts of those drugs in a patient’s system. The government alleged that defendants developed and implemented a policy and practice of automatically ordering both presumptive and definitive UDT for all patients at every visit, without any physician making an individualized determination that either test was medically necessary for the particular patients for whom the tests were ordered.  According to the government’s allegations, from January 1, 2010 through December 31, 2017, the medically unreasonable and unnecessary definitive UDT were performed at Logan Labs, the medically unreasonable and unnecessary presumptive UDT were performed at Tampa Pain, and the respective resulting false claims were submitted by both Tampa Pain and Logan Labs to federal health care programs. The settlement resolves allegations brought in two separate lawsuits, one in the Eastern District of Pennsylvania and the other in the Middle District of Florida.
“The indiscriminate and unnecessary testing alleged here increased medical costs to the government without serving patients’ real medical needs,” said U.S. Attorney McSwain. “A laboratory that promotes and knowingly conducts medically unnecessary drug testing -- prioritizing profits over objective medical decision-making -- operates unlawfully and wastes limited federal health care resources. That is unfair to both patients and taxpayers and is the type of conduct that must be rooted out of our health care system.”
“The Department of Justice is committed to ensuring that federally-funded laboratory tests are ordered based on each patient’s medical needs and not for the purpose of increasing laboratory profits,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “We do not tolerate practices that are not based on patient medial needs and that lead to unnecessary costs for federal health care programs.”
“Medical providers seeking profits at the expense of individualized patient care will be held accountable in our district,” said the United States Attorney for the Middle District of Florida Maria Chapa Lopez. “We will protect our district’s residents from providers whose concern for their bottom line overrides medical decision-making.”
Contemporaneous with the False Claims Act settlement, Logan Labs and Tampa Pain have also entered into a “Corporate Integrity Agreement” with the U.S. Department of Health and Human Services, Office of Inspector General. 
“Increasing the profits of a sister-company by referring patients for testing services that are not medically reasonable and necessary and then having that sister-company submit claims to government health insurance programs for those needless services drains resources from legitimate patient care,” said Omar Pérez Aybar, Special Agent in Charge, Office of Inspector General of the U.S. Department of Health and Human Services. “Those scheming to enrich themselves at the expense of taxpayer-funded programs must be held accountable for their actions.”
“It is offensive when medical providers choose to bilk our healthcare billing system for personal enrichment,” said Special Agent in Charge Cynthia A. Bruce, Defense Criminal Investigative Service (DCIS) for the Department of Defense Office of Inspector General, Southeast Field Office. “DCIS and our investigative partners are dedicated to fully investigating and bringing to justice those who deprive the DoD of limited resources needed for the healthcare of our military, veterans and their families.”
“The Department of Labor appreciates the efforts of the OIG community and the Department of Justice in identifying and pursuing cases where unnecessary testing has resulted in excessive charges to our federal workers’ compensation program,” said Antonio Rios, Director of the Office of Workers’ Compensation Programs Division of Federal Employees’ Compensation. “Healthcare fraud detection efforts are a high priority for us.”
The allegations that are the subject of today’s settlement were originally alleged in two cases filed under the whistleblower, or qui tam, provision of the False Claims Act. The Act permits private parties to sue for fraud on behalf of the United States and to share in any recovery. The Act also permits the government to intervene in such actions, as the government previously did in the two whistleblower cases. The whistleblowers will receive approximately $7.79 million of the settlement.   
The government’s pursuit of these matters illustrates its 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 1-800‑HHS‑TIPS (1-800-447-8477). 
The claims resolved by this settlement are allegations only and there has been no determination of liability.

Attorney General William P. Barr’s Statement on Religious Practice and Social Distancing; Department Of Justice Files Statement Of Interest In Mississippi Church Case


  "In light of the COVID-19 pandemic, the President has issued guidelines calling on all Americans to do their part to slow the spread of a dangerous and highly contagious virus.  Those measures are important because the virus is transmitted so easily from person to person, and because it all too often has life-threatening consequences for its victims, it has the potential to overwhelm health care systems when it surges.    
                       
To contain the virus and protect the most vulnerable among us, Americans have been asked, for a limited period of time, to practice rigorous social distancing.  The President has also asked Americans to listen to and follow directions issued by state and local authorities regarding social distancing.  Social distancing, while difficult and unfamiliar for a nation that has long prided itself on the strength of its voluntary associations, has the potential to save hundreds of thousands of American lives from an imminent threat.  Scrupulously observing these guidelines is the best path to swiftly ending COVID-19’s profound disruptions to our national life and resuming the normal economic life of our country.  Citizens who seek to do otherwise are not merely assuming risk with respect to themselves, but are exposing others to danger.  In exigent circumstances, when the community as a whole faces an impending harm of this magnitude, and where the measures are tailored to meeting the imminent danger, the constitution does allow some temporary restriction on our liberties that would not be tolerated in normal circumstances. 
But even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers.  Thus, government may not impose special restrictions on religious activity that do not also apply to similar nonreligious activity. For example, if a government allows movie theaters, restaurants, concert halls, and other comparable places of assembly to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings.  Religious institutions must not be singled out for special burdens.  
Today, the Department filed a Statement of Interest in support of a church in Mississippi that allegedly sought to hold parking lot worship services, in which congregants listened to their pastor preach over their car radios, while sitting in their cars in the church parking lot with their windows rolled up.  The City of Greenville fined congregants $500 per person for attending these parking lot services – while permitting citizens to attend nearby drive-in restaurants, even with their windows open. The City appears to have thereby singled churches out as the only essential service (as designated by the state of Mississippi) that may not operate despite following all CDC and state recommendations regarding social distancing.
As we explain in the Statement of Interest, where a state has not acted evenhandedly, it must have a compelling reason to impose restrictions on places of worship and must ensure that those restrictions are narrowly tailored to advance its compelling interest.  While we believe that during this period there is a sufficient basis for the social distancing rules that have been put in place, the scope and justification of restrictions beyond that will have to be assessed based on the circumstances as they evolve.
Religion and religious worship continue to be central to the lives of millions of Americans.  This is true more so than ever during this difficult time.  The pandemic has changed the ways Americans live their lives.  Religious communities have rallied to the critical need to protect the community from the spread of this disease by making services available online and in ways that otherwise comply with social distancing guidelines. 
The United States Department of Justice will continue to ensure that religious freedom remains protected if any state or local government, in their response to COVID-19, singles out, targets, or discriminates against any house of worship for special restrictions."
The City has since stated it will drop the fines, but will continue to enforce the order.

The Vital Role of the Iconic Neighborhood Bodega


What You Should Know
By Councilman Rev. Ruben Diaz
District 18, Bronx County

  You should know that I have submitted a Memo to New York State’s Congressional Delegation asking that in the next and any successive Federal Stimulus bills, they will provide for a grant to benefit New York City's 13,000 local neighborhood groceries, the so-called iconic Bodegas.
 
My idea is simple but significant. It will provide funds to allow these stores to buy refrigerator units which can store fresh vegetables and produce that will be sold in the community. I have also asked for a separate Congressional grant to be available to these bodegas in order to pay for their increased costs of Con Ed. 
 
In addition, I have requested that the US Congress restore funding for an initiative, the Healthy Bodega Campaign, which was very successful in 2015.
 
In 2015, this million-dollar grant allowed for the funding of 70 separate Bronx groups which in turn worked directly with bodegas within their areas to expand food purchases and provide for other healthy choices.
 
In reauthorizing this funding, the guidelines could include linking the upstate farmers' markets directly with these local stores. This would be a win-win for stores, growers and residents. 
 
It is important for you to know that in New York City, there already exists program called Healthy Bodega Bucks, which actually does just this. Federal money could greatly expand it, especially now in this crisis with most of the NYC restaurants closed. Our bodegas are a great alternate source of sales for the farmers upstate.
  
My dear reader, New York City’s government will need to do its part as well. 
 
I have also submitted a Legislative Request to the New York City Council that would direct that various City agencies such as the Economic Development Corporation, the Department of Consumer Affairs, and the Small Business Services. This request can provide a framework allowing for food producers, many of whom are now destroying their crops, to direct access for sales beyond the established farmers' markets to these 13,000 city bodegas.
 
Ladies and gentlemen, the final part of my request is directed to New York State government that must act now to expand the use of SNAP for purchases made within NYC’s bodegas. 
 
For more information about this initiative please contact my attorney Christopher R. Lynn at 917-385-0368.

I am Councilman Reverend Rubén Díaz, and this is what you should know.

Tuesday, April 14, 2020

Governor Cuomo Holds a Briefing on New York's COVID-19 Response


  Happy Tuesday. Day 44 but who's counting. Every day is Groundhog Day. Thank you for being here.

To give you some facts about where we are today, total hospitalizations actually basically flat, technically a tick down, which is probably the first tick down so that's a good sign but basically flat so we thing we're at the apex on the plateau. The number of hospitalizations went up, flattened, continuing to flatten, good sign. Technically the number is down a tad, statistically irrelevant, but better than being up.

The net change in total hospitalizations, if you look at the curve, which is what we look at, the curve is down. If we do a three-day average, which is more accurate than any one day, because remember this reporting mechanism is new, we just put it in during this situation so I wouldn't bet all the chips on any one day, but when you look at three days, you look at the overall curve, we think it's indicative, so the three-day average is down.

The net change in ICU admissions is down. Again the ICU admissions I take with a grain of salt, since hospitals are no longer what they were and they're basically all ICU wards. Intubations is a real number. That's the number of people who are being put on a ventilator. About 80 percent of those people will never come off a ventilator. So when you see the intubations that is proportionate to the number of people we will lose. That's what we've been watching all along. People going to the hospital, most get treated and are discharged. Some are not discharged. If they're intubated about 80% of the people who are intubated will not come off the ventilator. The number of new people going into the hospital per day is also down, but we still have 1,600 new COVID cases yesterday so we have 1600 people new coming into the hospital, some being discharged. The net is what we've been watching, but it's also interesting to note that you still have 1,600 new people walking into the hospital or who are in a hospital and then diagnosed with COVID so the volume is still high and the hospitals have still been working hard.

We've been watching for growth outside of New York City, Long Island, Westchester, Rockland. That's been basically been flat. There have been little hot spots here and there. The Department of Health has been very good and aggressive in jumping on those hot spots and tamping them down, test, isolate, trace. You can see the numbers by region across the state, proportionately obviously downstate, New York, which is what we've been talking about, but looking for growth towards Long Island, Westchester, Rockland. The rest of the state proportionately upstate is very, very low to everything else in the state.

This is something else we are watching - this is the number of deaths in nursing homes and the nursing homes have been an increasing issue. The nursing home issue was flagged by the first cases we had in the State of Washington because that is the vulnerable population in the vulnerable place and we've been worrying about nursing homes from day one, as we saw in the State of Washington. But you see the percentage of loss of life is getting higher in the nursing homes compared to the hospitals.

Lives lost yesterday, 778. That number is up. To me that's the most painful number and it has been the most painful number every day, and those New Yorkers are in our thoughts and prayers. You look at the past few days and the number of lives lost, it's basically flat at a devastating level of pain and grief but evidence is, everything else we're seeing is basically a flattening at this level.
The statisticians will say number of lives lost is a lagging indicator, which is a nice scientific term, but it doesn't mean it's not just terrible, terrible, terrible news. Nothing we can do about it. Although, many New Yorkers are doing everything they can to save peoples lives on a daily basis at a great personal cost to themselves.

Total number of deaths is 10,834. What we have learned through this process is that our actions determine our destiny and that's actually good news. We changed the curve. Every projection model, White House, CDC, coronavirus White House task force, Columbia, Cornell, Gates funded group - every projection had a higher rate of infection, higher rate of death. CDC was talking about over a million people. CDC was talking about projections that would have swamped the nation's hospital system. That didn't happen. Why didn't it happen? Because of what we did. That's important to remember and realize. We changed the curve. Better way to say it is we are changing the curve every day. We have shown that we control the virus, the virus doesn't control us. This is a big deal. We could have been in a place where we couldn't stop the spread of the virus. We could have done this whole lockdown, close down, shutdown and you still could have seen those numbers going up. That would have been a frightening place.

We should take some comfort in the fact that we have demonstrated that we can actually control the spread of the virus. Tremendous, dramatic pain to do it, shut down everything but thank God we can control the spread. Can you imagine how bad a situation it would be if we did all of this and you still saw those numbers going up. You lock up with your family, you protect them, but somehow the virus still infiltrated the house. That would have been frightening. So there is good news in this.

There's also a caution flag. We are, in some ways artificially, controlling that curve. We've taken all these extraordinary actions and we are reducing the rate of infection. That means whatever we do today will determine the infection rate tomorrow. It is total cause and effect. You stop doing what you are doing or you behave differently and you will get a different result. That's important to remember as we talk about reopening.

Everybody's anxious to reopen. I get it, I'm anxious to reopen. Cara and Michaela are anxious to get out of the house. Trust me, they love me, they love spending time with me, but they're sort of done with the entire experience. That's universal. People need to get back to work. The state needs an economy. We cannot sustain this for a prolonged period of time. Everybody agrees. Everybody will also say how you reopen is everything because of the first point which is we are now keeping down that rate of infection. If you start acting differently you will see a corresponding increase in that rate of infection. The worst scenario would be if we did all of this, we got that number down, everybody went to extraordinary means and then we go to reopen and we reopen too fast or we reopen and there's unanticipated consequences and we see that number go up again.

Well, you're being hyper cautious. Oh really? Go look at other countries that went through exactly this, started to reopen and then they saw the infection rate go back up again. So let's at least learn from past mistakes. We've laid out a way to reopen, coming up with a comprehensive plan first that is regional in nature. We have seven states that we're working with. The virus doesn't understand state boundaries. Doesn't understand that it needs a passport, you know, it defies all of our norms. So how do you put the best minds together in a seven-state area, come up with a regional strategy? Because the virus can get on Amtrak, the virus can get on a plane, the virus can get in a car and drive up 95. We're all connected. And in truth, since nobody knows where they're going, and nobody's done this before, let's think together, and let's plan together.

If we can't come up with a common plan, let's see if we can come up with a plan that's not contradictory, let's see if we can get to a place where what Connecticut does, New Jersey does is not counter to what we're doing here in New York. And that's the point of the seven states working together. Also the point is it also doesn't work unless you coordinate the reactivation of all the systems. I did this graphic because no one got when I went like this yesterday, and I said the gears have to mesh, this is what I was saying. I could see, Nick, you did not get what this meant, so that's a clarifier for you personally, from yesterday.

We also have to be clear on who is responsible for each element of the opening. The president said last night that he has total authority for determining how and way states reopen. That is not an accurate statement, in my opinion. Now that we know that government actually matters, and government is relevant, and that government has to be smart, because what government does is determining how this goes. It's literally determining in many ways life and death. We have to be smart about it.

The federal-state relationship is central to our democracy. This has been a topic discussed since our founding fathers first decided to embark on this entire venture, right. This is basic federalism, the role of the states and the role of the federal government. And it is important that we get this right. Our founding fathers understood, and we have to remember today that the balance between the state and the federal, that magnificent balance that is articulated in the constitution is the essence of our democracy. We don't have a king in this country. We didn't want a king. So we have a constitution and we elect a president. The states, the colonies, formed the federal government. The federal government did not form the states. It's the colonies that ceded certain responsibility to a federal government. All other power remains with the states, it's basic to our constitution and that federal-state relationship.

Hamilton, who in many ways was representative of this discussion of the balance of power. State governments possess inherent advantages which will ever give them an influence and ascendancy, ascendancy, a beautiful word, over the national government and will forever preclude the possibility of federal encroachments on the states, that their liberties indeed can be subverted by the federal head is repugnant is repugnant to every rule of political calculation. Strong language, but that was the permits. So, there are laws, and there are facts even in this wild political environment.

What do we do? We do what we do because we are New York tough, but tough is more complex than many people think it is. Within that word tough is smart, and united, and disciplined, and loving. They are not inconsistent, to be tough and to be loving. Let me make a personal point, not necessarily a factual point. President did his briefing last night, and the president was clearly unhappy. The president did a number of tweets this morning that he's clearly unhappy. Did a tweet about mutiny on the bounty and governors are mutineers. I didn't follow the exact meaning of the tweet, but the basic essence of the tweet was the he was not happy with governors and this was a mutiny. The president is clearly spoiling for a fight on this issue. The worst thing we can do in all of this is start with political division and start with partisanship. The best thing we have done throughout this past 44 days is we've worked together, and we haven't raised political flags. Even in this hyper-partisan environment, even though it's an election year, even though the politics is so intense, we said, "not here, not in this." This is too important for anyone to play politics. It was a no politics zone, right? This just about doing the right thing, working together, and that's important and we have to stay there. We're all in a little bit of a reflective mood. I'm in a reflective mood. Everything we do here is so important. Every day is so important.

I was thinking after the President made his comments and looking at some of the remarks and looking at the tweets, reminded me of a poster I saw when I was in grade school. Saint Gerard Majella, Queens, New York, Catholic school - red blazer, gray pants, white shirt, little clip on tie - remember the tie with the hook? Remember the hook tie that you had to put the hook on, and then it looked like you had a real tie, which I never understood. The hook was harder to do, you had to hook, then you had to adjust the band, which was harder than just teaching the kid how to just tie the tie, would've been easier, but. I was in grade school and there was that poster, that came from a Sandburg poem, I think. "Suppose they gave a war and nobody came," and I was looking at the poster and I didn't really get it, because even then I was very literal. "Suppose they gave a war and nobody came." So, I'm looking at the poster and a priest came up behind me and said, "What's wrong, Andrew?" I said, "I don't understand that. Suppose they gave a war and nobody came. How could that happen? Then you wouldn't have a war." He said, "Well, that's the point. The point is, what would happen if people just refused to engage? They just refused to fight." I still didn't get it, because and he said, "You know, sometimes it's better to walk away from a fight than engage it. Sometimes it takes more strength, frankly, to walk away from a fight than engage it."

The President will have no fight with me. I will not engage in it, I've sat here every day for 44 years asking New Yorkers to remember that this is not about me, it's about we. I understand you're personally inconvenienced. I understand you're frustrated, and stressed, and anxious, and you're feeling pain. Think about we. Think about -- get past yourself and think about society, and think about your family and think about interconnection and act responsibly for everyone else. This is no time for politics, and it is no time to fight. I put my hand out in total partnership and cooperation with the President. If he wants a fight he's not going to get it from me. Period.

This is going to take us working together. We have a real challenge ahead. Just because those numbers are flattening, it's no time to relax. We're not out of the woods. In this reopening, we could lose all the progress we made in one week if we do it wrong. We have a number of challenges ahead. We have to figure out how to do this. How do you have a public health strategy that works with an economic reactivation strategy? Nobody has done this before. How do you start to increase the number of essential workers? How do you learn the lessons of the past? How do you start to do the massive testing that we're going to do have to do here? And that we don't have the capacity to do today? The capacity does not exist.

The private sector companies that do testing, we can only get about 60,000 tests per month. That's not enough. We're going to do the antibody testing, but that's not enough, either. How do we do this? Put together this whole testing system and do it in a matter of weeks? It is a real question. How do we use technology? Apple and other companies are working on using technology to do tracking. How do we do that? How do we do it fast? How do we take all our strength and our collective strength and take this nation's collective strength and figure out how to do those challenges?
50 years ago this week, Apollo 13 gets damaged 220,000 miles from earth. Somehow they figure out how to get a spaceship back 220,000 miles 50 years ago. That's America. Okay. Figure out how to do testing. Figure out how to use technology to do tracing. That's what we have to work on. We have to do that together. We have to do as a government what our people have done, right? Sometimes political leaders can learn best from following people who are normally ahead of the politicians.

Look at how people have been selfless and put their own agenda aside for the common good. Can't their leaders be as smart as they are? The answer has to be yes. So, I look forward to working with the president in partnership and cooperation, but he has no fight here. I won't let it happen. Look, unless he suggested that we do something that would be reckless and endanger the health or welfare of the people of the state, then I would have no choice. But shy of that, I put my hand out to say let's do this together.