Attorney General Schneiderman And Governor Cuomo Announce That New York Will Bring Lawsuit If Health Care Bill Becomes Law

New York Attorney General And Governor Stand United Against Repeal Of Affordable Care Act

  Attorney General Eric Schneiderman and Governor Andrew M. Cuomo today stood together to announce that, if the House or Senate health care bill is signed into law, New York State will bring a lawsuit challenging the bill's constitutionality.

Attorney General Schneiderman and Governor Cuomo made the announcement at an event at Mount Sinai Hospital, encouraging members of New York’s Congressional delegation to stand against the bill. Should it pass and be signed into law, New York will challenge the Republican health care bill in court on the basis of several constitutional defects, including the placement of unconstitutional conditions on federal dollars used for health care.

“This bill isn’t simply unconscionable and unjust – it’s unconstitutional. That’s why I’ve made clear: if this bill ever becomes law, I will challenge it in court, to protect the millions of New Yorkers whose health care is at stake,” said Attorney General Eric Schneiderman. “This bill’s attacks on Planned Parenthood would create an undue burden on women’s fundamental constitutional right to reproductive health care, while placing unconstitutional conditions on federal dollars that fund vital services like breast cancer screenings, STD tests, and more. Meanwhile, the Faso-Collins amendment represents a cynical ploy to meddle in New York’s Medicaid funding system, requiring massive state tax increases to offset billions in lost federal funds. We won’t stand for it. And we will sue – because this is about New Yorkers' health, their lives, and their basic rights.”

"The Senate health care bill is an assault on New Yorkers and our New York values that would decimate the New York healthcare system and devastate healthcare access,” Governor Cuomo said. “Token changes cannot hide the fact that this is a cruel and heartless bill. New Yorkers are not easily fooled, and, if this harmful bill passes, are going to stand up as New Yorkers and sue the federal government. My first priority is always the health of New Yorkers, and we will not allow Washington to take health care from our people."

“The Senate’s proposed tax cut for millionaires poorly disguised as a health care bill is a disaster for New Yorkers,” said Mayor Bill de Blasio. “Hundreds of thousands would lose health coverage and the pressure on our public hospitals and first responders would be enormous. It will send us back to a time when New Yorkers were forced to choose between the care they need and feeding their families. That's why we are organizing to stop this bill. I applaud Governor Cuomo and Attorney General Schneiderman for vowing to take this critical step if this bill becomes a reality.”

The bill delivers tax cuts to insurance companies, medical device companies and high-income people while jeopardizing health care coverage for millions of middle class New Yorkers, exacerbating the opioid epidemic ravaging the country and driving up costs for people with preexisting conditions.  If passed, it would cut billions of dollars from New York’s Medicaid program and includes a proposal by two reckless members of New York's own congressional delegation, Representatives John Faso and Chris Collins, that seeks to eliminate $2.3 billion dollars in payments, forcing all New Yorkers to pay a "Faso-Collins Federal Tax."

New York has taken aggressive action to protect New Yorkers’ access to quality, affordable health care, mandating that insurance companies cannot discriminate against New Yorkers with preexisting conditions or based on age or gender; mandating that insurance policies cover all 10 essential benefits laid out in the Affordable Care Act; and banning all insurers who withdraw from offering Qualified Health Plans on the State Health Marketplace from future participation in the marketplace.​

This also follows a number of steps Attorney General Schneiderman has taken to protect women’s reproductive rights, including issuing a formal legal opinion to cement the fact that New York State’s criminal law does not interfere with the reproductive health rights ensured by Roe v. Wade and later cases; investigation of New York health plans’ adherence to federal no-cost sharing requirements for contraceptives, and introducing the New York Comprehensive Contraceptive Coverage Act to protect cost-free access to birth control; and filing an amicus brief in the U.S. Supreme Court to overturn  a Texas law imposing unnecessary and burdensome requirements on abortion clinics with the purpose and effect of closing many of them.

A.G. Schneiderman Announces Joint State And Federal $4.4 Million Settlement With Visiting Nurse Service Managed Long-Term Care Plan

VNS Choice Improperly Billed Medicaid, Agrees To Pay $4.4 Million To Settle Reverse False Claims Act Allegations In Whistleblower Case

New York State Will Receive $2.63 Million

  Attorney General Eric T. Schneiderman and Acting United States Attorney Joon H. Kim today announced that Visiting Nurse Service of New York and its Managed Long-Term Care Plan, VNS Choice, will pay a total of $4,392,150.00 to resolve allegations that the plan improperly obtained public funds and knowingly retained over $1.6 million in Medicaid overpayments. Under the settlement, the service provider admitted that between January 1, 2011 and March 31, 2015 it failed to identify and disenroll 365 VNS Choice members in a timely manner and consequently continued receiving payment for care it did not provide. Once VNS disenrolled the members, it did not repay Medicaid for the funds it had improperly received. By knowingly retaining overpayments for many of these members for more than 60 days, the entities involved—Visiting Nurse Service of New York, VNS Choice, and VNS Choice Community Care (collectively, “VNS”)—violated both the federal and state false claim acts. As a result, New York State will receive $2.63 million as part of the settlement agreement.

“Blatantly retaining and failing to repay Medicaid overpayments undermines the system on which so many vulnerable New Yorkers rely,” said Attorney General Schneiderman. “The law makes clear that overpayments must be repaid in a timely manner – and we’ll hold providers to the law.”

Pursuant to Medicaid regulations, Managed Long Term Care plans (“MLTCs”), like VNS Choice, receive monthly capitation payments for each member enrolled in the MLTC plan, in exchange for arranging and providing certain community-based long-term care services, such as care management, skilled nursing services, physical therapy, speech therapy, occupational therapy, and preventive services for the member. From January 2011 to March 2015, VNS received monthly capitation payments between $3,800-4,200 from Medicaid for providing services to MLTC members.

However, VNS’s contract with the State required it to disenroll MLTC members under certain circumstances—including when a member no longer resides in the service area, has been absent from the service area for a specified number of consecutive days, is hospitalized for 45 consecutive days or longer, or is no longer eligible for the MLTC plan.

The settlements, unsealed today in federal court, resolve allegations that although VNS ultimately — albeit belatedly — disenrolled the 365 members, it never reimbursed Medicaid for the monthly capitation payments improperly received for these members. During the period in question, VNS was aware that many of the members should have been disenrolled earlier and that it was not entitled to the recent capitation payments. However, despite this knowledge, VNS kept the Medicaid capitation payments for the members who should have been disenrolled, often as many as four and five months earlier.

Today’s settlement is the second reached with VNS regarding its MLTC plan, VNS Choice. In November 2014, the court unsealed settlement agreements by the Attorney General and the U.S. Attorney’s Office with VNS for nearly $35 million to settle allegations relating to the improper use of social adult day care centers to enroll members in VNS Choice.

This investigation was initiated after a whistleblower filed a lawsuit under the qui tam provisions of the federal and New York False Claims Acts, which allow private persons, known as “relators,” to file civil actions on behalf of the government and share in any recovery. The relator in this case will receive from the State a share of the settlement proceeds after full payment by the defendants. 

The investigation and settlement were the result of a coordinated effort between the U.S. Attorney’s Office for the Southern District of New York, and the New York State Attorney General’s Office.  Attorney General Schneiderman would like to the Office of the New York State Medicaid Inspector General for its assistance in the matter.  

The case is captioned United States and the State of New York, ex rel. David Heisler v. VNS Choice, VNS Choice Community Care, and Visiting Nurse Service of New York, and is docketed with the U.S. District Court for the Southern District of New York under Civil Action No. 13 Civ. 4261 (Abrams, J.)

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CSEA Endorses Assemblyman Mark Gjonaj for City Council

   Civil Service Employees Association (CSEA) Local 1000, the state’s largest public employees union, announced their endorsement of Assemblyman Mark Gjonaj in his campaign to represent the 13th District in the City Council.

"The Civil Service Employees Association (CSEA), which represents over 14,000 members and retirees throughout NYC, is proud to endorse Mark Gjonaj for the 13th city council district in the Bronx. CSEA has worked with Mr. Gjonaj during his time as a NYS Assemblyman and we know he has a strong commitment to representing the interests of the hard working men and women in his district, including those who provide the public services that make this the greatest city in the world. We look forward to working with Mark in the city council,” said Lester Crockett, CSEA Metro Region President.

“Throughout my time in the Assembly, I have worked hard to represent the best interests of working New Yorkers, so it is a privilege to be receiving the support of the men and women of the CSEA. Advocating for the worker, from equal pay to safe working conditions, has always been at the forefront of all that I do. I am thrilled to have the opportunity to work together on so many common issues, and I pledge to fight tirelessly on their behalf and on behalf of all workers to preserve their rights and improve their quality of life,” said Assemblyman Mark Gjonaj.

CSEA joins CSA, 32BJ, Steamfitters Local 638, State Committeeman Joseph McManus, and the Bronx Democratic County Committee in their support of Assemblyman Gjonaj’s campaign for City Council.

Assemblyman Mark Gjonaj is running for City Council to represent The Bronx’s 13th District. He currently represents the 80th Assembly District, which encompasses the neighborhoods of Allerton, Bedford Park, Morris Park, Mosholu Parkway, Norwood, Pelham Gardens, Pelham Parkway and Van Nest. He serves as Chair of the Subcommittee on Micro Business and is a member of several committees: Banks; Local Governments; Real Property Taxation; Small Business; Tourism, Parks, and Sports Development; and Puerto Rican/Hispanic Task Force.

CSEA is one of the largest representatives of employees in New York with thousands of active and retired State, Local Government, School District and private sector workers. They are dedicated to establishing an effective working relationship with area elected officials and to make our communities a better place to live and work.

ASTOR APPOINTS JEANNINE MENDEZ AS DIRECTOR OF DEVELOPMENT, PUBLIC AND GOVERNMENT RELATIONS IN THE BRONX

   Astor Services for Children & Families in the Hudson Valley and the Bronx, a non-profit that serves more than 8,000 children with emotional and behavioral challenges, has named Jeannine Mendez as director of development, public and government relations in the Bronx.

  A Bronx native, Mendez will oversee and implement the non-profit's fundraising strategies, build brand awareness and cultivate relationships with foundations, government agencies and major donors in the region, to help advance the work of The Children's Foundation of Astor.

 

Previously, Mendez worked with the New York City Human Resources Administration's Office of Citywide Health Insurance Access, where she spearheaded education and outreach initiatives to promote access to health insurance and health programs for small businesses plus minority and low-income communities. Additionally, Mendez guided the development of health insurance outreach and enrollment efforts for numerous New York City government agencies, and developed critical data to support the work of the Commissioner and Mayor's Office.

 

Mendez also worked with the Arthritis Foundation, where she created donor events and cultivated relationships to ensure success and financial viability for the Hudson Valley branch of the New York Chapter, and served as adjunct professor at Metropolitan College of NY, Masters of Public Administration program. 

 

"Jeannine's background in strategic development, communications, New York City government, and health and education, are core strengths that will help forward Astor's work in the Bronx and beyond," said Sonia Barnes-Moorhead, executive vice president of The Children's Foundation of Astor. "Her facility in researching, analyzing and presenting information to key audiences and stakeholders is exceptional and we look forward to working with her to the benefit of the children and families served by Astor."

 

Mendez holds a Master of Science in Urban Policy and Management from New York University, Bachelor of Arts degree in Sociology from Manhattanville College and several certifications in fundraising and event planning. She is an active member of the Parent Teacher Committee at Our Lady of Victory School where she runs the organization's fundraising restaurant nights.

 

About Astor Services for Children & Families

 

Astor Services for Children & Families, as it has since 1953, promotes the well-being of children, adolescents and their families through a range of programs that prevent and treat emotional problems and facilitate healthy development. Now serving more than 8,000 children and families annually, Astor's current range of services to families in the Mid-Hudson Valley and the Bronx include: Residential Treatment, Therapeutic Foster Family Care, Early Childhood Programs, and Community-Based Behavioral Health and Prevention Services. For additional information please visit http://astorservices.org/ or call (845) 871-1117.

Council Member Andrew Cohen and Assemblyman Jeffrey Dinowitz Oppose Homeless Shelter on Broadway

  Assemblyman Dinowitz and Council Member Cohen have expressed their opposition about a Department of Homeless Services plan to convert a recently constructed APT building on 5731 Broadway between W 234^th and W 236^th street into a homeless shelter for families.

The recently constructed building was billed by the STAGG group as market-rate housing. They even had a website where people could submit applications.

“I am outraged at the city’s plan to convert a brand new apartment building in Kingsbridge into a homeless shelter,” Assemblyman Jeffrey Dinowitzexplained. “The community was led to believe that 5731 Broadway was to contain market rate housing. Now, without the slightest consultation with the community board, members of the community, or my office, we find out that we were the victims of a classic bait and switch. Where will the children, possibly numbering in the hundreds, attend school? P.S. 7 as well as other schools in the area are overcrowded already. When did the STAGG group know that this site would be used as a homeless shelter? Recently? Or, did they know from day one even as they billed it as market rate housing. Furthermore, the Van Cortlandt Motel already contains homeless families. The community was lied to on more than one occasion with respect to the use of that site as a homeless shelter. Given the history of lies and deceit regarding both of these sites, as well as the severe impact this shelter could have in the Kingsbridge community I strongly oppose the use of 5731 Broadway as a homeless shelter and condemn the secretive and deceitful behavior of those involved in creating this debacle.”

“I am frustrated and angry that the Department of Homeless Services is obsessed with dumping another shelter on the Broadway corridor,” said Council Member Andrew Cohen. “We as a community have been trying to improve the business climate on the southern end of Broadway and strengthen the residential portion of the northern end—DHS seems committed to destroying that effort.  This decision by DHS will have a particularly hard impact on already overcrowded P.S. 7.  Until the Administration comes up with concrete measures to keep people in their homes before they become homeless, continuing to expand the number of shelters in our community will not solve the homeless crisis.”

Engel, House Colleagues Introduce Disaster Assistance Equity Act for Co-op and Condo Owners

Engel, Sanford, Nadler, Zeldin, King Introduce Disaster Assistance Equity Act

  Congressman Eliot L. Engel joined Congress Members Sanford, Nadler, Zeldin, and King in introducing H.R. 3238, the Disaster Assistance Equity Act, a bipartisan bill which would make common interest communities, including co-ops and condominiums, eligible for the same FEMA assistance available to other homeowners.

This bill would make two changes to the Stafford Act:

• Make homeowners associations eligible for the Public Assistance Program for debris clearance and repair of common infrastructure; and 
• Enable condominium associations and housing cooperatives to be eligible for the Individual Assistance Program.

“This bipartisan bill fixes an obvious flaw in current federal law as it pertains to disaster assistance for co-op and condo owners,” Congressman Engel said. “We saw after Superstorm Sandy how vital it is for FEMA funds to be accessible to all homeowners, not just some or even most. Co-op and condo owners should not be treated like second class citizens by FEMA, especially in those difficult times after a natural disaster hits. I am proud to reintroduce this bill with my colleagues Rep. Sanford, Rep. Nadler, Rep. Zeldin, and Rep. King and will work hard to ensure its swift passage.” 

“I find it strange that FEMA treats the 70 million Americans who live in common interest communities differently than it does those who live in other types of communities,” said Congressman Sanford. “In my experience, storms don’t discriminate between different kinds of communities. As such, it seems to me that FEMA should treat them all equally when it comes to the assistance available in the wake of a disaster. I want to thank my colleagues for signing on as original co-sponsors of the bill, and we will be working in the weeks ahead to build support.”

“In the aftermath of Superstorm Sandy, thousands of New Yorkers were shocked to learn they could not restore their condos and co-ops to livable condition because their common areas were not eligible for assistance,” said Congressman Nadler. “Millions more Americans have come to the same startling realization after natural disasters in the five years since Sandy. A storm doesn’t care what type of home you live in before destroying it, and FEMA should treat all homeowners fairly when helping them rebuild. I am proud to join Representatives Sanford, Engel, Zeldin, and King in re-introducing this critical bill, which builds on my ongoing efforts to ensure that every American can rebuild their home and their lives in the aftermath of natural disasters.”

Congressman Zeldin said, “Superstorm Sandy devastated our coastal communities and businesses in New York. Unfortunately, many New Yorkers learned the hard way that FEMA does not treat all homeowners equally. Condos, co-ops, and homeowners associations did not have the same access to federal disaster assistance as single family homeowners, which made it difficult to restore their homes and communities. Joining with Congressmen Sanford, King, Nadler, and Engel, the Disaster Assistance Equity Act would make important reforms to ensure that all homeowners are able to recover after a natural disaster.”

“As we saw in the aftermath of Superstorm Sandy, residents of condominiums and cooperatives should be eligible for FEMA Individual Assistance just as other home owners are,” said Congressman King. “This legislation will correct that inequity.”

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