Wednesday, April 15, 2020

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.

MAYOR DE BLASIO ON COVID-19 - April 14, 2020


  Mayor Bill de Blasio: Well, today, we have some very important news for all New Yorkers. We've had some real breakthroughs, and one in particular I want to talk about related to testing, which has been the topic we've all been focused on now for months and months. So, I'm going to give you some important news and some good news, but I want to frame it first because this really comes down to how New York City and New Yorkers are responding to this crisis. Now, this is a city that has always been a special place, has always been a place full of energy, creativity, entrepreneurship. This is a place – everyone knows it all over the nation, all over the world – this is a place where people make things happen. And even in the midst of this crisis, New Yorkers have been making things happen. You know, small things in the neighborhood to help people out; big things that could change lives and save lives as well. The spirit of ingenuity, the spirit of fight has been so clear over these last weeks in this city and it's growing all the time. People are not – not only are New Yorkers not giving up, New Yorkers never give up. New Yorkers are forging ahead to find new ways to fight back against the coronavirus. And, look, this is who we are, this is a place where we believe in getting things done. And I have challenged the members of my team to do things that were previously not doable, not thinkable, but now have to be in light of the crisis we're facing and all the problems we've had getting our federal government to respond, getting the markets all over the world to be reliable, all the challenges we've faced trying to get the supplies we need and the help we need have create a reality for us where we have to defend ourselves. We have to fight for ourselves. We have to create things here even if they were never created before. So, that's who we are as a people. And that's what New Yorkers are showing once again in one of the greatest crises we've ever felt.

Let me talk to you today about how we got to what I'm about to tell you about. Over these last years, we've seen in New York City more and more the growth of advanced manufacturing, the growth of biotech, the growth of the technology sector – over these last years, more and more capacity growing in this city and it's allowing us to do things that before would not have been imaginable. So, let me start with the crucial, crucial supplies that we depend on to protect our health care workers and our first responders, the personal protective equipment. I've taken several trips out to the Brooklyn Navy Yard. I've tried to show all of you the amazing work happening there. But what I first want to tell you about today is that this work is now being supercharged. The face shields, which are so crucial to keeping our heroes safe, started modestly, people in the Brooklyn Navy Yard, making the face shields by hand with the components they could get – a wartime factory for wartime conditions. I told you a few days ago on Sunday, that when it came to face shields. We really need them, but we only had enough to get through this week when you look at all the hospitals of our city. But now, we are having a real breakthrough. The companies that came together have now been joined by more companies. Now, we have eight companies in the Brooklyn Navy Yard, the Brooklyn Army Terminal, and in Manhattan, all working together to create the maximum number of face shields for our heroes. They started very modestly, but now they can produce 240,000 per week. That will grow to 465,000 per week by Friday, April 24th. And then the goal soon thereafter will be to produce 620,000 face shields per week right here in New York City, made by New York city workers in New York City companies. That is enough to reach the crisis standard we're working under right now. What this means is we will be able to fulfill our entire need for face shields right here in New York City. Now, we're going to keep working to get more outside. Obviously, we want a bigger supply. We want to make sure we're secure for the future. We want to someday move off that crisis standard and go higher to an even, better standard. But for long as we're in the middle of this war – so long as we're fighting the coronavirus in the kind of crisis dynamics we are in now. For the first time with something as important as face shields, one of the major PPEs, we're going to be able to say we are self-sufficient – New York city will be self-sufficient. We will no longer be at the whim of either the federal government, the international markets. We won't have to import things from overseas. We will be self-sufficient. That's the first point.

The second point – surgical gowns. Now, we need a huge number of these every week, this is an area where it's not possible yet to be self-sufficient, but where we're making huge, huge strides. Again, on Sunday, I told you this was an area I was deeply concerned about where we had enough to get through this week, but we couldn't tell you yet about next week. We're moving to get major supplies in from all over the country. So, this is an area where we do see some relief coming, but, again, we will be best off if the most possible surgical gowns are made right here in New York City. Five companies are now participating in this effort to protect our heroes.
They're in the Brooklyn Navy Yard, they're in Sunset Park, they're in the Garment center in Manhattan and in Long Island City, Queens. They're currently only making 30,000 per week, but by next week that will go up to 1,000. Soon thereafter, we want to get to 250,000 surgical gowns per week. And then, we're looking to go even farther. So, this is an area where we're going to make a lot of progress. These are particularly important to protecting those who are saving our lives – another great example of New York City ingenuity and the speed with which New Yorkers can move. Both these items I just told you about – face shields, surgical gowns – were never in recent memory made in New York City. These are brand new production lines created from scratch by companies here, by New York City workers in an atmosphere crisis, and they've surpassed any possible expectation we could have, and they're going farther.

But look, as much as we've been so deeply concerned about the PPEs, and we're going to be concerned about them until this crisis is over, because they mean protection for those who are saving our lives, the number one issue from day one has been testing. When we started fighting the coronavirus here in the city, we said we needed the federal help with testing. It never came. We have scoured the world looking for a test kits on the open market. It's been extraordinarily frustrating. We've had so many good people searching everywhere just to buy the test kits, to get a reliable supply. It has not been possible. So, over months now, the place we turn to for help, Washington DC, we never got a straight answer. We never got a consistent approach and we wondered when would the day come that we could actually get the test kits we need so we could start on that road that I talked about a few days ago from this widespread transmission of the coronavirus to low-level transmission and eventually no transmission. To get there, you must have testing in large quantities. And we knew that, as recently as yesterday, we did not know when and where we would get those test kits.

Now, we've had one breakthrough on the open market and then another breakthrough right here in New York City, and I'm so excited to tell you about this. Our friends from Carmel, Indiana, I talked about them a few days ago, they donated test kits – a biotech firm there donated test kits to us. But now, they have confirmed they can produce them regularly for New York City. So, on top of their donation of 50,000 kits, which we're so appreciative for, Aria Diagnostics, Carmel, Indiana is now going to be producing test kits for New York City. We will be purchasing them, starting Monday, April 20th – this coming Monday – we'll be purchasing 50,000 full test kits per week from Aria Diagnostics. I'm sure New Yorkers wouldn't have thought that the cavalry would come from Carmel, Indiana, but it has. This is going to be a big piece of the solution, going forward. We're going to get a whole lot more, I want to be clear, because to really get to that point where there's no more transmission, we're going to need a huge number of test kits. But even being able to know we can rely on 50,000 a week from a supplier that we believe in, that's going to be a major, major step forward for this city. I want to thank Mayor Jim Brainard of Carmel, Indiana, who I've gotten to know over the last few years very well at the U.S. Conference of Mayors. He and I are on the leadership of that body, and he has been an extraordinary friend, and ally, and really stepped up for New York City. So, Mayor Brainard, again, thank you. Thank you to everyone in Carmel. Thank you to Aria Diagnostics. This is a big step.

So, that's 50,000 per week, but we're going to need a lot more. And remember, a test kit – and I talked about this a few days ago, I used the analogy of a cup of coffee with cream and sugar – you need the coffee beans, you need the water, you need the cream, you need the sugar, you need the coffee mug. Putting together the full test kit takes three basic components, the nasal swab, the liquid solution – that's what you keep the sample in, it’s called a viral transport medium – and a tube with a screw top that keeps the sample secure and sanitary. You need all three of those things to perform a test for the coronavirus. And then, of course, you have to get that test to a lab that then processes it. So, we're talking right now about just collecting the test itself from an individual – whole other part of the equation is continuing to increase the capacity in labs to process these tests and give us the answer person by person, positive or negative. And again, we'll have to do that on a mass scale, going forward. But to get these three parts together so you can collect a test from someone, well that's – you can't get the first base unless you have the actual test that you can collect from people. So, needing those three pieces was crucial. Again, our efforts to get them consistently from Washington DC – no result; our effort scan from the open market – never could get a reliable partner until today with Aria Diagnostics. So, as we went through these last days and saw New York City companies stepping up, our local government, particularly our Economic Development Corporation, bringing together partners from the private sector, figuring out how we could do surgical gowns, figuring out how can we do face shields, starting to figure out other equipment that we need to build – and we'll have announcements on that too – constantly figuring out new ways to support our hospitals and get them the supplies and equipment they need. More and more what's happened is the members of our team here at City Hall, Economic Development Corporation and companies, and even universities now, all talking about what can we produce here? How can we do it more and more? How can we do things that have never been done in New York City?

So, just a few days ago people started saying, wait a minute, if we can make all these other things, could we say no matter what's going on in the international market, no matter what's going on in Washington, could we actually make the test kits here? There's nothing like it in New York City being made right now. Nothing even close, but could we make them here if we just throw in the kitchen sink and tried all the ingenuity that exists in this city? At first, of course we didn't know what the answer would be. We had to pull together a lot of smart people to figure out could it be done? Could it be done quickly enough? Could it be done in the quantities that we needed? And we thought about what New Yorkers are facing. We thought about this crisis and what we have to get through, and we said, well, if people can make them around the world, why not us? Why couldn't we make them, even if we've never done it before? Companies all over the world could make some of these components. Why couldn't the most innovative city on earth figure out a way? So, I'm here to announce to you that we have found a way. And, starting in a few weeks, we will be producing here in New York City, 50,000 test kits per week with components put together right here with companies, universities, New York City workers right here, building a brand-new supply chain to feed this industry that will now develop in New York City. 50,000 tests per week to begin, and if we can go farther, we're going to build it up rapidly. It means commercial labs and academic institutions in this city working together to produce that liquid solution the right way. It means local manufacturers and 3D printers, coming together to make the testing swabs and the tubes. Something as simple as us testing swabs, the entire international market has been struggling, because those swabs had been less and less available. In fact, a lot of them are made in places that were deep in the middle of the COVID crisis themselves. So, the whole international supply was disrupted. But now, through the ingenuity of New York City producers, figured out a way to make them right here. Production will begin in a few weeks at the beginning of May – 50,000 a week to begin. Add that to the 50,000 a week from Aria Diagnostics, we'll have 100,000 full test kits per week that New York City can rely on, 400,000 per month, and that's just the beginning.

So, we will have to take that new capacity, ensure that there are labs that can handle all those tests and get us results in real time. And remember, we're going to need the personnel to administer the tests, we're going to need the PPEs to protect the personnel who administer the test. There's a lot of pieces to this equation. And, all the while, continuing as a city to make the progress we're making through social distancing and shelter in place. So, even while we're building out this brand-new capacity and it's going to help us to the next stage, we will not let our foot off the gas. We will not relent in the successful strategies that are now opening the door to getting out of this horrible crisis. But I want to keep cautioning, it takes all these pieces coming together.

Now, the good news is as we see some progress on the hospital front – and we're far from out of the woods, but as we see some progress, that's going get us a little more ability to free up some medical personnel for testing. As we see some progress getting more PPEs, that will allow us to devote more PPEs to testing. But all of these pieces have to come together and we're still not in a situation where we can say it's going to be easy, it's not, but we need to find a way to keep building up the testing because it's one of the foundations of gained that next phase. When you get to that next phase, when you get to low-level transmission, remember, then you're able to constantly test people, figure out who has the coronavirus, needs to be isolated, needs to be quarantine on, get them the support they need, keep them away from other folks that they might infect. You have to know how to constantly trace anyone who has been infected, the people in their life who might've been exposed – you can get to them, test them, isolate them if they need it. It's a constant moving machine to ensure that the cases, each and every one individually are addressed and you go back to a containment strategy, which is where we were weeks ago when we had the very first cases here in New York City. That's where we want to get back to. But to do that, we need a whole lot of testing. For the first time, we're going to have a truly reliable, major supply of testing. And I'm so proud of my fellow New Yorkers. I'm so proud of the people in the companies who are helping us. So proud of the people in my administration who put together this plan. You know, a lot of folks would have said this was impossible. They're making it possible, and that's what New Yorkers do.

Now, I want to be crystal clear. This does not let the federal government off the hook. So, please, even though I'm telling you good news and something unprecedented and a real breakthrough, it does not take away the responsibility the federal government has. Not only do they have to deal with the fact that for months and months, they didn't do what they needed that could have helped us stop this crisis from growing the way it has, but they still have to come through now because the amount of testing we're going to need, the amount of testing is going to need it all over the country is vast. But hopefully the example New York City is setting will be recognized in Washington, that if we can do it here – a place that doesn't produce tests is figuring out a way to do it – then why can't it be done all over this country? Why can't we build up a supply that could protect all of us? If the federal government can't figure it out, then get out of the way and let us at the local level get this done, but support us, get us the components, get us the help so that we can do this rapidly and protect ourselves.

So, I want to see how far we can go, how quickly we can go. 50,000 test kits produced in New York City per week, starting in the beginning of May is just a beginning from my point of view. I want to see how far we can take this and I want to challenge all New Yorkers who could contribute to this effort – I want to challenge the academic labs, I want to challenge the research labs, I want to challenge the manufacturers, I want challenge the 3D printers – all the companies with 3D printing – the biotech companies, the pharmaceutical companies, the research universities that chemical companies – if you're in New York City or you're in any part of the New York area or anywhere in the country and you want to help build this effort, we need you. We're going to get a lot of help to make this work. You can be a part of history. You can do something unprecedented. You can save lives through this effort. So, everyone who can help, please, right away, communicate with us. Let us know you're willing. Let us know you're ready. Email us at testhelp@edc.nyc. Again, testhelp@edc.nyc. We need you. We will be responding to people. As soon as the emails come in, we're going to be reaching out to people, because this needs to move immediately. And anyone out there that could help us, I want to say thank you in advance, because this is going to be a huge step forward.

So, again, everything I just talked about is about taking us on that journey from where we are now – high level of transmission, widespread transmission of coronavirus, deep in this crisis, to low-level transmission where we go that containment strategy and we get to trace each case, get people isolated, quarantine, support them, reduce the number of cases all the time, and then no transmission – the place we all want to get to where coronavirus is a rarity in this city and life goes back to normal. That's the journey we're on. The testing is crucial, but also making sure we use the right strategy. And, again, the social distancing, the shelter in place – it is working, New York City. You're doing an amazing job. You, again, are the heroes, because you're following these rules in unprecedented manner – 8.6 million people, together. We need to keep doing it. And I said, every day we'll go over those three indicators that we announced yesterday to tell you where we stand. We'll all watch them together. We'll all know where we are. We've got to see consistent progress to be able to talk about any changes in those rules and restrictions that are working. So, we're going to stick with them until we see really sustained progress.

So, going over the numbers today, the new numbers. Again, you'll be able to see this online, a nyc.gov/coronavirus. So, when it comes to the daily number of people admitted to hospitals for suspected a coronavirus conditions, that number has gone down, I'm happy to say. Remember, these statistics have been verified, there's a two-day lag because of when the information comes in from the hospital. So, this goes back to April 12th – that's the latest confirmed information. But April 12th, two days ago, we saw a reduction from the day before – it went from 383, April 11th, to 326, April 12th. That's the corrector a direction, that's a good thing. But now here's a situation where we don't have good news, on this statistic. The daily number of people in ICU across our health and hospital system, our 11 hospitals for suspected COVID-19 – that number from April 11th to April 12th actually went up from 835 to 850. Then the other measure, people – percentage of people tested who are positive for COVID-19 – citywide, that number again went up – April 11th, 58.1 percent; April 12th, 59.6. The public health labs tests – again, that number went up – April 11th, 78.4 percent to 84 percent on April 12th. So, look, again, this is the real world, real talk. We had a really good day yesterday, progress in all those indicators, all went down together. Today, no such luck. It does not mean you should be discouraged. It's just a reminder. We're going to fight our way out of this. It's not going to happen overnight. There'll be good days and bad days. We got to start some momentum here. You need to keep at it. We all need to keep at it with the social distancing, with the shelter place because it's working. Every day, we have to win that battle to prove that we can reduce the spread of this virus, get those indicators to go down in unison over a longer period of time. And then we'll be in a position to talk about our next steps. But I think what's clear is people will be able to see what we're doing and what's working and be reminded there's going to be ups and downs, but sticking to the strategy is the best way forward.

Assemblywoman Nathalia Fernandez - Newsletter




UPDATES ON CORONAVIRUS IN NEW YORK

As New York State continues to battle the coronavirus, we’re here to keep you updated on essential news and services. There are currently 195,031 confirmed cases. The Bronx has reported 23,352 as of Monday, April 13th. New Yorkers are urged to follow the Department of Health guidelines and to take caution around the people most likely to be infected: The elderly and those with preexisting conditions. We also encourage people to be mindful of our essential workforce that continue to work in the middle of a crisis. Please practice social distancing, wear masks and gloves, and wash your hands frequently whenever possible.

Recent data on reported infections indicates that the numbers of new cases are beginning to flatten. Mayor De Blasio announced in his press conference that the number people needing ventilators has fallen. It is still too soon to say the crisis is over but there are reasons to be optimistic. New Yorkers should continue to take safety precautions in public. Please remember, you can be a carrier even if you do not show symptoms and your efforts in fighting the virus go a long way. New York state is working as hard as possible to secure the supplies needed but the first line of defense starts with you. Keep it up!

We are here to help. Our Assembly office is working to provide free hand sanitizer for organizations in need and will continue to be a resource for all district residents. Please call 718-409-0109 or contact District80@nyassembly.gov.

TO VIEW OUR PREVIOUS NEWSLETTER AND POSY BUDGET NEWSLETTER, PLEASE VISIT OUR WEBSITE AT https://nyassembly.gov/mem/Nathalia-Fernandez/press/

For now, please continue reading for updates on the State, City, and Federal response to this health crisis.
New Data
“Data shows that Latinx & Black populations are the hardest by this pandemic,” said Assemblywoman Fernandez. “These stats are DEVASTATING. COVID19 is affecting lower-income communities, such as ZIP 10467 and 10469, which I represent. This is where we need the State & Federal government to step up on resources ASAP”
The Mayor has announced the release of preliminary data by race/ethnicity on COVID deaths within NYC:
  • Hispanic: 34% (29% of population)
  • Black 28% (22% of population)
  • White 27% (32% of population)
  • Asian 7% (14% of population)
Schools on Pause
  • Closing NYC Public Schools: NYC public schools will remain closed for the rest of this school year. Schools will continue with their remote learning methods as they have done over the past few weeks. The reasons can be cited as:
  • Public Health: NIAID Director Fauci supports schools remaining closed. Even with low-level transmission, the city must continue many elements of social distancing to prevent resurgence of the virus.
  • Academics: There is limited academic value of a truncated session. Individual school closures required by new infections would be frequent and disruptive. Finally, educators and parents need predictability.
  • The New York State Regents exams in June have been canceled. Read more HERE. Elementary and intermediate-level state assessments have been suspended for the remainder of this school year.
  • Free lunches are now available to all New Yorkers at 435 public schools throughout the city. Adults with children will be served between 7:30 am and 11:30 am. Adults will be served between 11:30 am and 1:30 pm. Read more HERE. No ID or documentation is required.
  • Parents of students with individualized educational programs should contact NYC Department of Education to come up with Special Education Remote Learning Plan. These plans will be developed with teachers and staff familiar with the student to ensure their education continues during the coronavirus outbreak. Contact 311 or email specialeducation@schools.nyc.gov
  • The New York Public Library is offering tutoring to students online from 2pm-11pm. Students will need a library card to access content and can be obtained HERE.

Workforce still on Pause
Governor Cuomo has extended a state-wide stay at home order until April 29th. All workers considered to be non-essential personnel are required to work from home. Please see HERE to see if your job is considered essential.

Testing in the Bronx
The Mayor announced an expansion of testing across the City in communities of greater need.  Morrisania in the Bronx will be provided a new testing facility. We are still awaiting the details of the new facility.

Current Testing Areas
  • Drive-thru testing for the Coop City area is located in the Bay Plaza Mall, in the parking lot of the AMC movie theatre and is open from 8:00 am-9:00 pm. Please call 1-888-364-3065.
  • Drive-thru testing is available at the Lehman College, in the parking area along Goulden Avenue. To make an appointment, please contact 1-888-364-3065.
  • Drive-thru testing available at Jacobi Hospital. To schedule an appointment please contact 311.
Protecting Homeless New Yorkers:
The Mayor also announced that a 1/3 of single homeless New Yorkers will be OUT of congregate settings by Monday, April 20th, moving 2,500 more people into hotels by prioritizing:
  • Seniors People with COVID or symptoms.
  • People in shelters where we’re not seeing enough social distancing.
  • Persuading more clients on streets to accept shelter Starting next week, we’ll open 230 new safe haven and low-barrier beds.
  • People over 60.

Shelter
 
DHS is working hard to protect shelter residents and shelter staff during this time. They have taken the following steps to ensure the safety of their workers and residents, with more to come:

  • Stood up more than 700 isolation beds in commercial hotels for individuals with symptoms of COVID-19
  • Prioritized transfer of DHS clients aged 70 and older to commercial hotels
  • Securing additional safe haven beds and drop-in centers
  • Streamlined the process for families applying for shelter by eliminating in-person appointments and conducting interviews by phone

Medicaid
 
In New York City, all active cases will be extended. No Medicaid case will be closed for failure to renew or failure to provide documentation. Any case that is closed for failure to renew or failure to provide documentation that had Medicaid coverage on or after March 18, 2020 will be re-opened with coverage restored to ensure no gap in coverage. Renewals will be extended for 12 months.


Unemployment Update
The Department of Labor will no longer require claimants to call in to confirm their unemployment benefits. Now, the Department will instead call claimants back within 72 hours.

Donate Blood
Governor Cuomo has called on all New Yorkers who have recovered from COVID19 to consider donating blood. Individuals who have recovered from the virus may have convalescent plasma in their blood, which has antibodies against the virus and could help with the development of a treatment for the virus. More information about how to donate is available here.