REP. ADRIANO ESPAILLAT VOTES TO DEFEND AMERICANS’ HEALTH CARE AND PROTECT PEOPLE WITH PRE-EXISTING CONDITIONS

   Today, Rep. Adriano Espaillat joined House Democrats to take action to protect New Yorkers’ health care by passing a resolution that strengthens Congress’s hand to intervene against the Republicans’ monstrous Texas v. U.S. lawsuit, which seeks to strike down the entirety of the Affordable Care Act and its life-saving protections against discrimination of 8.4 million New Yorkers with pre-existing conditions.  This resolution affirms the House Counsel’s authorization to intervene as a party in the lawsuit, asserting the House of Representatives’ authority to defend laws it has passed and enacted into law.

“The American people elected a Democratic Congress that would protect their quality, affordable health care, and put an end to Republicans vindictive and irresponsible attacks on their health care and livelihoods,” said Rep. Adriano Espaillat . “I am proud to stand with my colleagues and the American people to deliver that promise and give the Congress the tools it needs to defend the health care of hard-working New York residents and families.  Democrats won’t stand by idly in the face of this lawsuit and the GOP’s cruel campaign to dismantle health care in our communities.”

In December, a federal district court judge in Texas ruled in favor of Republican Attorneys General, issuing a decision that would strike down the entirety of the Affordable Care Act, including:

•  Protections for people with pre-existing conditions;

•  The ban on lifetime and annual limits on health coverage;

•  The Medicaid expansion covering 15 million Americans;

•  Health insurance affordability tax credits assisting 9 million Americans;

•  Bans on discriminatory insurance practices that would unfairly force women to pay more for coverage;

•  Young adults’ ability to remain on their parents’ insurance until age 26, and more.

“Our Democratic Congress is For The People, and we have wasted no time getting to work to protect families’ health care and financial security,” he continued.  “A Democratic Majority means an end to the GOP attacks on health care, and a fresh focus on lowering health costs and the price of prescription drugs, protecting people with pre-existing conditions against coverage discrimination and harmful underwriting, and preserving Medicare, Medicaid and Social Security.  In stark contrast to the Republicans, we are delivering results for hard-working families and workers in New York and in communities across America.”

Attorney General James Announces State Prison Sentence Of Former Owner Of Brooklyn Medical Supply Company In Million Dollar Medicaid Fraud Scheme

   Attorney General Letitia James today announced the state prison sentence of Kester Atumonyogo, 49, of Baldwin, New York, for defrauding the State Medicaid program of over one million dollars.  Today, the Honorable Danny Chun of Brooklyn Supreme Court sentenced the defendant to one-and-one-third to four years following the defendant’s September 5th guilty plea to Health Care Fraud in the First Degree, a class B felony; Grand Larceny in the Second Degree, a class C felony; and Welfare Fraud in the Third Degree, a class D felony. 

“It is unconscionable that an individual would use a Medicaid fraud scheme as a means to exploit children with disabilities and their families for their own personal gain,” said Attorney General Letitia James. “My office will continue to hold fraudsters accountable for stealing from the Medicaid program and anyone else who tries to take advantage of our State's vulnerable families. This behavior will never be tolerated.”

The defendant’s conviction and sentence concludes the second half of a long-term investigation by the Attorney General’s Medicaid Fraud Control Unit (“MFCU”) into fraudulent durable medical equipment providers in Brooklyn, New York.  In pleading guilty, the defendant admitted to stealing over one million dollars from Medicaid and from HealthFirst, a Medicaid funded Managed Care Organization, by filing false claims alleging to have dispensed a highly specialized -- and expensive -- enteral nutritional formula to Medicaid recipients, when in reality he only dispensed PediaSure and other inexpensive over-the-counter nutritional supplements.  This type of scheme is often referred to as “up-coding.” The defendant further admitted to having illegally obtained a social security number and using that number to illegally apply for and receive welfare benefits.

In the first half of the investigation, MFCU prosecuted five individuals and three corporations for defrauding Medicaid based on a similar upcoding scheme that falsely billed for dispensing inexpensive over-the-counter nutritional supplements as if they were highly specialized and expensive enteral formula. That investigation resulted in the conviction of four individuals by guilty plea -- Keva Johnson, Yolane Fouche, Nkem Ude and Erter Brown, the conviction of three corporations -- First Billing Options, Inc., One Source Medical Supply, Inc., and Y Love Jewelry, Inc., and the conviction by jury trial of Humphrey Ude.  Ude was convicted of Grand Larceny in the First Degree and other crimes and was sentenced to 7 to 21 years in state prison.  Through a parallel asset forfeiture civil action, MFCU also obtained several high end vehicles that were purchased by defendants with stolen Medicaid funds:  a 2012 Audi A7 sedan, a 2013 Mercedes Benz Model G63, a 2021 Porsche Cayenne, a 2007 Lamborghini and a 2008 Toyota Tundra.  All of the vehicles were subsequently sold at auction and the proceeds returned to the State Medicaid program as restitution.

The Attorney General would like to thank the New York State Department of Health, the New York State Office of the Medicaid Inspector General, the New York City Department of Human Resources, the Office of the Inspector General of the Social Security Administration, and the New York State Department of Motor Vehicles for assistance during the investigation. The Attorney General, in particular, would like to acknowledge the cooperation and assistance provided by HealthFirst throughout the investigation.

Attorney General James Announces $1.5M Settlement With Retailer Neiman Marcus Over Data Breach

  Attorney General Letitia James announced that the Neiman Marcus Group LLC has agreed to pay $1.5 million and implement a number of data security policies to resolve an investigation with 43 states and the District of Columbia into the 2013 breach of customer payment card data at 77 Neiman Marcus retail stores in the United States.

In January 2014, Neiman Marcus disclosed that payment card data collected at several of its retail stores had been compromised by an unknown third party. The states' investigation determined that approximately 370,000 payment cards – roughly 27,600 of which were associated with New York consumers – were compromised in the breach, which took place over the course of several months in 2013. At least 9,200 of the payment cards compromised in the breach were used fraudulently.

“New Yorkers deserve to shop with confidence, which includes trusting that their personal information will be protected,” said Attorney General Letitia James. “With the monetary settlement and the implementation of several new data security policies, this marks a significant win for those who shop in New York. This office will continue its commitment to combat inadequate data security in the state of New York.”

In addition to the monetary settlement, Neiman Marcus has agreed to a number of injunctive provisions aimed at preventing similar breaches in the future, including:

• Complying with Payment Card Industry Data Security Standard (PCI DSS) requirements;
• Maintaining an appropriate system to collect and monitor its network activity, and ensuring logs are regularly reviewed and monitored;
• Maintaining working agreements with two, separate, qualified Payment Card Industry forensic investigators;
• Updating all software associated with maintaining and safeguarding personal information, and creating written plans for replacement or maintenance of software that is reaching its end-of-life or end-of-support date;
• Implementing appropriate steps to review industry-accepted payment security technologies relevant to the company's business; and
• Devaluing payment card information, using technologies like encryption and tokenization, to obfuscate payment card data.

Under the settlement, Neiman Marcus is also required to retain a third-party professional to conduct an information security assessment and report, and to detail any corrective actions that the company may have taken or plans to take as a result of the third-party report.

New York’s share of the settlement payment is $58,611.60.

BRONX WOMAN SENTENCED TO PRISON FOR KILLING INFANT DAUGHTER

Defendant Threw Baby Out Of Sixth-Floor Apartment Window

  Bronx District Attorney Darcel D. Clark today announced that a Bronx woman has been sentenced to three and one-third to ten years in prison after pleading guilty to second-degree Manslaughter in the death of her six-month-old daughter. 

 District Attorney Clark said, “The defendant, who was mentally impaired at the time, dropped her infant daughter from a window of their sixth-floor apartment. Justice was served in this tragic case.” 

 District Attorney Clark said the defendant, Tenisha Fearon, 30, of 2200 Tiebout Avenue, was given an indeterminate sentence of three and one third years to ten years in prison by Bronx Supreme Court Justice Denis Boyle. The defendant pleaded guilty to second-degree Manslaughter on December 18, 2018.

 According to the investigation, on October 15, 2015, in the afternoon, the defendant, whose mental condition was compromised by a psychotic symptom, was screaming about God, Satan and the end of days, and was throwing objects out her apartment window. Fearon then took her baby, Jahnyla Lawrence, who was naked, and dropped her out of the window. The child died of blunt force trauma shortly afterwards. There were three other children, also naked, in the apartment when the incident occurred--a 10-year-old boy and two girls ages eight and three.

 District Attorney Clark thanked Detective Michael Moreno of the 46th Precinct and retired Detective Sean O’Leary of the Homicide Task Force.

MAYOR DE BLASIO PROPOSES MAKING CITY FIRST IN NATION TO MANDATE PAID PERSONAL TIME

New law would directly benefit more than 500,000 New Yorkers who currently get no days off

  Mayor Bill de Blasio today proposed that New York City become the first city in the nation to mandate Paid Personal Time for workers. More than 500,000 full- and part-time employees in New York City currently have no paid time off. The Mayor will pursue local legislation that would require private employers with five or more employees to offer 10 annual days of Paid Personal Time, allowing employees to take paid time off for any purpose, including vacation, religious observances, bereavement and time with family. The legislation would guarantee this time for approximately 3.4 million New Yorkers.

“Workers across the nation have been working too hard without enough time to rest and recharge or enough time for family and important life events. Every other major nation recognizes the necessity of Paid Personal Time. We as a country must get there, and New York City will lead the way," said Mayor Bill de Blasio. "To be the fairest big city in America, New Yorkers can't be forced to choose between bringing home a paycheck and taking time off to just disconnect or spend time with loved ones – that choice ends with Paid Personal Time. I look forward to working with Council Speaker Corey Johnson and the rest of City Council on this important piece of legislation.”

“Here in United States, we have fewer days off than anywhere else in the world – time that increases productivity and improves mental and physical health,” said Department of Consumer Affairs Commissioner Lorelei Salas. “Here in New York City, we are one of the leading jurisdictions in creating the right to sick leave, which we then expanded last year to broaden the definition of family and to add safe leave for victims of domestic and sexual abuse. Today we yet again pave the path towards a new generation of workers’ rights that meet the needs and realities of today’s workforce with the right to paid time off – a win-win for workers, employers and our economy.”

The policy is expected to benefit New Yorkers in a wide range of industries who currently receive no paid personal time, including 180,000 workers in professional services, 90,000 in retail, and 200,000 in the hotel and food service sectors. The City already provides government employees with more than two weeks of Paid Personal Leave per year.

Research has shown that paid-time off helps increase productivity, strengthens families, helps prevent burnout and improves employee retention. The United States is the only industrialized nation that does not mandate any paid time off, including paid holidays. Nationally, one in four full-time, middle-income workers gets no paid time off at all.

  

The Mayor’s proposal calls for a maximum of 10 days of Paid Personal Time per year and covers employers with five or more employees – the same universe of businesses covered by the Mayor’s 2014 legislation expanding Paid Sick Leave. Employees would be able to access the benefit after 120 days of employment. Any unused Paid Personal Time could be carried over to the following year for a total maximum of 10 days of Paid Personal Time. Employers could require up to 2 weeks’ notice and have reasonable exceptions for granting leave to prevent too many workers from taking simultaneous leave. This benefit would be offered in addition to the 5 days of Paid Sick Leave that became law in 2014. Similar to Paid Sick Leave, the de Blasio Administration will work with the City Council to make Paid Personal Time a reality.

New York City’s economy has never been stronger. The City reached 4.5 million jobs for the first time in its history. And over the last year, New York City experienced the lowest unemployment rate since 1976.

MAYOR DE BLASIO ANNOUNCES PLAN TO GUARANTEE HEALTH CARE FOR ALL NEW YORKERS

Most comprehensive, universal coverage in nation will guarantee primary and specialty care to 600,000 uninsured New Yorkers

  Mayor Bill de Blasio today announced his administration will launch the largest, most comprehensive plan in the nation to guarantee health care for every New Yorker. The plan will serve the 600,000 New Yorkers without insurance by strengthening NYC’s public health insurance option, MetroPlus, and guaranteeing anyone ineligible for insurance – including undocumented New Yorkers – has direct access to NYC Health + Hospitals’ physicians, pharmacies and mental health and substance abuse services through a new program called NYC Care. All services will be affordable on a sliding scale. The programs will include customer-friendly call lines to help New Yorkers – regardless of their insurance – make appointments with general practitioners, cardiologists, pediatricians, gynecologists and a full spectrum of health care services.

“Health care is a right, not a privilege reserved for those who can afford it,” said Mayor de Blasio. “While the federal government works to gut health care for millions of Americans, New York City is leading the way by guaranteeing that every New Yorker has access to quality, comprehensive access to care, regardless of immigration status or their ability to pay.”

“With today’s announcement of NYC Care, New York City takes another leap ahead of the rest of the nation in providing mental health services,” said First Lady Chirlane McCray. “Guaranteed health care means guaranteed MENTAL health care and alcohol/drug addiction treatment. No other city or state provides these comprehensive services to ALL residents.”

“We have the tools and opportunity to guarantee health care for all New Yorkers,” said Deputy Mayor for Health and Human Services Dr. Herminia Palacio. “New Yorkers who can’t enroll in or afford health insurance will now be able to access comprehensive, patient-centered services through NYC Care. At the same time, we will amplify our efforts to increase enrollment into MetroPlus. Today we celebrate our City’s relentless commitment to accessible, high-quality health care.”

“Expanding access to care is a key step in eliminating health disparities in our city,” said Health Commissioner Dr. Oxiris Barbot. “The Affordable Care Act started us down this path, but it is time to finish the job. New York City is proud to lead the way.  I stand with Mayor de Blasio today in declaring health care is a right for all, not a privilege for only those who can afford care.”

“NYC Care will be the biggest and most comprehensive health coverage program in the country,” said Dr. Mitchell Katz, President and CEO of NYC Health + Hospitals. “Building on the great work of our doctors, nurses and staff, and working collaboratively with community partners, NYC Health + Hospitals will help give all New Yorkers the quality care they deserve.”

Thanks to the Affordable Care Act, 8 million New Yorkers now have health insurance, and the uninsured rate is about nearly half of what it was in 2013. In the last two years, New York City’s Public Engagement Unit coordinated signing up more than 130,000 New Yorkers for plans through the exchanges created by the law. However, about 600,000 New Yorkers remain without insurance, because they do not or cannot enroll. Through this new initiative, New York City will create a bigger, better, more comprehensive program for guaranteed health care. The City aims to better connect people to more effective and affordable health care in one of two ways:

·         NYC Care: The city will connect hundreds of thousands of New Yorkers who are ineligible for health insurance – including undocumented New Yorkers and those who cannot afford insurance – to reliable care. Anyone will be able to access comprehensive care across NYC Health + Hospitals’ more than 70+ locations, once the program is fully ramped up. NYC Care is open to anyone who does not have an affordable insurance option and will be priced on a sliding scale, to ensure affordability. NYC Care will provide a primary care doctor and will provide access to specialty care, prescription drugs, mental health services, hospitalization, and more.

·         NYC’s Public Option: The City will double down on efforts to boost enrollment in MetroPlus, the City’s public option. MetroPlus provides free or affordable health insurance that connects insurance-eligible New Yorkers to a network of providers that includes NYC Health + Hospitals’ 11 hospitals and 70 clinics. MetroPlus serves as an affordable, quality option for people on Medicaid, Medicare, and those purchasing insurance on the exchange. The City is committed to strengthening MetroPlus and connecting more independent workers, City vendors and City workers to that option. It also will improve the quality of the MetroPlus customer experience through improved access to clinical care, mental health services, and wellness rewards for healthy behavior.

The City is taking an unprecedented approach to health care services by tackling mental and physical issues holistically. Through both programs, New Yorkers will be able to access addiction services and opioid treatment, mental health counseling, and counseling services for trauma victims. New Yorkers will be able to call MetroPlus or 311 to be screened for health insurance eligibility and get connected to their best coverage option.

As part of this initiative, H+H will be significantly enhancing 24/7 customer service to seamlessly connect patients to healthcare. 

NYC Care will launch in summer 2019 and will roll out geographically, starting in the Bronx. It will be fully available to all New Yorkers across the five boroughs in 2021. The program will cost at least $100 million annually at full scale. Additionally, MetroPlus will announce a series of enhancements throughout the year.

BRONX BOROUGH PRESIDENT RUBEN DIAZ Jr. KICKS OFF 8th ANNUAL ‘SAVOR THE BRONX’ RESTAURANT WEEK

  Bronx Borough President Ruben Diaz Jr. celebrated the start of the 8^th Annual “Savor The Bronx” Restaurant Week at Beatstro, a Hip Hop themed restaurant located in the South Bronx.

“Savor The Bronx” Restaurant Week is produced by The Bronx Tourism Council and takes place from January 7^th through January 19^th 2019.

“Savor The Bronx” Restaurant Week has traditionally been held in November and this is the first time it has taken place in January. There are 37 restaurants participating in this year’s initiative and all of them will be featured in the upcoming edition of The Bronx Visitor’s Guide.

The press conference featured samples from several borough eateries and food producers, including Mott Haven Bar & Grill, Bronx Draft House, Gun Hill Brewing Company, Xochimilco and Emilia’s.

A complete list of participating restaurants can be found at www.savorthebronx.com.

“During this time of year restaurants usually experience a post-holiday slump in business so we are encouraging everyone to get out and patronize these wonderful eateries by offering our great Savor the Bronx deals. This year’s list of vendors includes a diverse selection of cuisines and neighborhoods, from Italian restaurants on Arthur Avenue to City Island seafood and a Vietnamese spot on Jerome Avenue. I’ve already spotted a couple of my old favorites on this list, along with a few that I can’t wait to visit for the first time,” said Bronx Borough President Ruben Diaz Jr. “Thank you to all of the local business owners for being a part of this and for their contribution to the vibrant culture of The Bronx.”

“As a foodie, this is one of my absolute favorite Bronx Tourism Council initiatives. We get to welcome new eateries as well as welcome back some of our traditional participants. The fun part is sampling amazing dishes from each of them. Who wouldn’t love this job?” says Olga Luz Tirado, executive director of The Bronx Tourism Council.

“As the newest restaurant on the Bronx scene we are happy to play a significant role in this year’s Savor The Bronx Restaurant Week. It gives us the opportunity to reach out to new audiences and showcase our cuisine,” says Alfredo Anguiera, co-owner of Beatstro, a new hip-hop themed restaurant in Mott Haven.

Above - Bronx BP Ruben Diaz Jr. with one of the participants in Savor the Bronx.

Below - BOEDC head Marlene Cintron was on hand to see how some of the different food some of the restaurants have.

The food being sampled was so delicious that even BP Diaz Jr. couldn't put it down, even while he was being interviewed.

inauguration of State Senator Alessandra Biaggi

  It was a happy day for State Senator Alessandra Biaggi as she was sworn in by the New State Senate Majority Leader Democratic Conference Leader Andrea Stewart-Cousins. The overflowing Lovinger Theater pf Lehman College crowd roared in approval as Senate Majority Leader Stewart-Cousins raised Senator Biaggi's hands. Senator Biaggi then went on to give a thunderous speech about how she would be bringing progressive legislation such as the Women's Reproductive Act, and other legislation that was held up during the Republican controlled State Senate. 

 Before the swearing in there were performances by local high schools and a few speeches by high ranking elected officials. U.S. Senator Chuck Schumer spoke, and City Council Speaker (and Acting Public Advocate) Corey Johnson ran after Schumer pulling the paper from the seat that became attached to the back of Schumer's clothes. The speech by Schumer was much the same from the previous day at a different inauguration, where there was an 'Off the Wall' comment aimed at the current president. 

  

Corey Johnson gave the shortest, and probably the best speech when he didn't go after anyone, but told the story of being in Riverdale trying to convince some people to vote for Alessandra Biaggi for State Senate. After the Speaker several interns who worked on the Biaggi campaign were brought up, with a few telling what their work on the campaign meant to them. 

City Comptroller Scott Stringer came next, and Stringer who also worked the streets and poll sites piled some more soil on the Jeff Klein coffin. Congressman Eliot Engel said that he was most impressed by candidate Alessandra Biaggi, but Engel also could not end without going after the current president like U.S. Senator Schumer. State Senator Michael Gianaris was much more cordial in his remarks, and he introduced the first woman to replace two of the men in the room in Albany, that being the new State Senate Majority Leader Andrea Stewart-Cousins. 

Senator Stewart-Cousins was beaming with joy now that Democrats have a majority in the State Senate. She then swore in Alessandra Biaggi as the new State Senator from the 34th Senate District.