Physical Therapist Sentenced To 2 Years In Prison For Participating In $30 Million Scheme To Defraud Medicare And Medicaid

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, announced that physical therapist HATEM BEHIRY was sentenced today by U.S. District Judge Lorna G. Schofield to 24 months in prison for his participation in a $30 million scheme to defraud Medicare and the New York State Medicaid Program (“Medicaid”).  Between 2007 and late 2012, on a regular basis, BEHIRY falsely pretended to provide physical therapy services to patients, and falsified medical records in a fraudulent scheme to bill Medicare and Medicaid for non-existent services.  BEHIRY and a co-defendant physician, Paul J. Mathieu, were convicted in May 2019, following a six-week trial, on charges of health care fraud, wire fraud, mail fraud, conspiracy to commit those offenses, and conspiracy to make false statements in connection with a federal health care program.

Acting U.S. Attorney Audrey Strauss said:  “At a time when our medical system may be more important than ever, today’s sentence sends an unambiguous message that those who cheat Medicare and Medicaid will be held accountable.  Corrupt health care professionals who defraud Medicare and Medicaid betray their medical training, their professions, their patients, and the taxpayers.  These taxpayer-funded programs are designed to provide essential medical services to the elderly and the needy, not to enrich corrupt therapists and other fraudsters.”

According to the evidence presented at trial and other public documents:

Between 2007 and 2013, Aleksandr Burman – who is currently serving a 10-year prison term for his participation in this scheme – owned and operated six medical clinics in Brooklyn (the “Clinics”) that fraudulently billed Medicare and Medicaid approximately $30 million for medical services and supplies that were not provided, were provided without regard to medical necessity, or were otherwise fraudulently billed.  As part of this scheme, three medical doctors – Mathieu, Mustak Y. Vaid, and Ewald J. Antone, all of whom have been convicted and sentenced in this case – falsely posed as the owners of the Clinics.  The doctors did so by, among other things, signing various fraudulent documents that falsely represented to banks, Medicare, Medicaid, and others that they were the owners of the clinics. 

Mathieu, Vaid, and Antoine also came weekly to the clinics, where they signed stacks of false and fraudulent medical charts and billing documents for patients that they had not seen, and issued referrals for unnecessary testing, occupational therapy, and physical therapy.

BEHIRY participated in the scheme almost from its inception, in 2007, until late 2012. BEHIRY regularly signed medical records to be used in fraudulent billing, in which he falsely claimed to have provided physical therapy services that he did not in fact provide.  Generally, BEHIRY provided no physical therapy services at all to patients, engaging instead in brief pro forma conversations with the patients, and then completing paperwork that was used to bill Medicare and Medicaid for roughly an hour of physical therapy services.  Typically, patients were told that they had to remain in the clinic for nearly an hour – which they often did by simply watching television in a waiting room for much of that time, and sometimes receiving massages or making unsupervised use of exercise machines (activities that are not billable to Medicare or Medicaid as physical therapy).

In addition, BEHIRY oversaw a group of other physical therapists, whom he arranged to bring to the Clinics to bill fraudulently for physical therapy services that were not in fact provided.

All told, Medicare and Medicaid paid more than $5 million for purported physical therapy services billed under BEHIRY’s name.  As part of the scheme, more than $800,000 was transferred from the Clinics to BEHIRY’s own company.

BEHIRY is the eleventh defendant to be sentenced in this and Burman’s related case.  Mathieu, who was convicted at trial with BEHIRY, was sentenced on December 11, 2019, to four years in prison.  The other defendants, each of whom pled guilty, include:  Aleksandr Burman, who was sentenced in a related case on May 8, 2017, to 10 years in prison; Marina Burman, the former wife of Aleksandr Burman and the owner of a related medical supply company, sentenced on May 17, 2018, to three years in prison; Mustak Y. Vaid, a physician sentenced on August 1, 2018, to 18 months in prison; Ewald J. Antoine, a physician sentenced on August 21, 2018, to a year and a day in prison; Asher Oleg Kataev, a Burman business partner, sentenced on May 31, 2018, to three years in prison; Alla Tsirlin, a Clinic office manager, sentenced on June 5, 2018, to a year and a day in prison; and Edward Miselevich and Ivan Voychak, Burman partners who jointly ran a related ambulette company, sentenced on June 12 and July 19, 2018, to three years in prison each.

In addition to the prison term, BEHIRY, 52, of Brooklyn, New York, was sentenced to three years of supervised release.  Judge Schofield also ordered BEHIRY to pay restitution of $5,757,661 and forfeiture of $808.975.

Ms. Strauss praised the outstanding investigative work of the Federal Bureau of Investigation, the Office of the Inspector General of the U.S. Department of Health and Human Services, and the New York State Office of the Medicaid Inspector General (“OMIG”).

Mayor de Blasio Update and COVIC-19 Numbers

 

Mayor Bill de Blasio: Good morning, everybody. We are at a crucial moment in this city, crucial moment in our fight against the coronavirus. Now for seven months, the city's waged a battle and I want to say to all of you, New Yorkers have been heroic in this struggle, fighting back against the coronavirus consistently. Now we have a challenge. We see a rise in cases in certain parts of our city, and we have to get ahead of this. We have to bring everything to bear we can. We’re going to have to be tough about it and that's why I put forward a plan to address the situation and yes, it involves tough restrictions, nothing we want to do, but the kind of thing we need to do and do quickly to get ahead of the problem, to keep this problem limited, to address it in a matter of weeks and not let it spread further.

 

So, look, we know so much more now than we did at the beginning of this struggle back in March and April when we had so little testing, when we had so much less knowledge about this disease, our fight was very, very difficult, and yet this city did fight back and get to a much better place. Now we have the advantage of much more knowledge, much more testing, and much more understanding amongst the people of the city of what they have to do and they've shown it time and time again. These realities should be great advantages as we fight back these specific problems in specific areas. But again, it will all come down to you, to everyday New Yorkers doing the right thing for yourselves, for your families, for your communities, by practicing the basic rules, basic vision that has worked for us over and over again, the wearing the mask, the social distancing, just doing the smart, basic things that have everyone does together, we turn the tide in our favor.

 

So let's give you a picture now of what's happening right now in this city. We have a new map that provides a sense of where the challenges are, where the hotspots are, and right now, again, we have nine ZIP codes where we have seen the positively level for the coronavirus above three percent for seven consecutive days. It remains nine ZIP codes. Then we have our watch list and that's tier two where we're watching areas that are in danger of entering that top tier of a particularly troubled ZIP codes. We have a new ZIP code we're adding to that watch list and that is 11206 South Williamsburg, that brings the watch list total to 13. So, again, we're staying stable with nine in the top category where we need the most action, the most restrictions, 13 that are being watched, and those 13 do not need to end up in that top category. They do not need to experience those deeper restrictions. So, you can see the number of days consecutive over three percent, thank God, not yet into that category, but we're warning people in those communities to really buckle down, to take all the right precautions, to take it seriously. You do not want to see these restrictions in your community. You can do something about it. You don't want to see small businesses closed in your neighborhood. You can do something about it. Right now, there is time to turn things around. That's why we're providing this information to the public in an urgent manner.

 

So, in terms of the nine ZIP codes I've proposed, I think the way forward, clear sharp restrictions applied quickly. Now obviously with our schools in the nine high risk ZIP codes, those schools, both public and non-public are closed as of this morning. This will be for several weeks, the faster we address the problem on the ground, the faster the community participates, the quicker we can get those schools open again, and as little as two weeks, hopefully no more than four weeks, but we all have a lot of work to do. Now, again, we chose to close the schools out of an abundance of caution, thankfully in our school system, including in the effective ZIP codes, tier one, tier two, we are not seeing any unusual problems, anything out of the ordinary in our schools, thank God. And we continue to do testing outside of schools and in schools, in those effective ZIP codes, testing teachers, staff, watching for problems. I'll give you example, just the last few days we've gotten 1,351 test results from 35 schools in those nine top ZIP codes and only two positive tests among the 1,351 results we've gotten so far.

 

So, get – excuse me – our educators, our staff school communities are doing a great job. They're doing the right thing. They're being smart about things. Folks understand the hand-wash and the hand sanitizer, the social distancing, the face mask. If sick, they're staying home, people are doing this the right way and it's proven by the testing we're seeing at our schools. So we're going to keep that testing going in the 13 ZIP codes on the watch list, constantly moving from school to school each day, to keep a clear picture on what's going on. Now, the plan related to the nines ZIP codes, obviously presented at the State. We had conversations yesterday morning. I spoke with the Governor and our teams have been talking throughout the day yesterday, constructive conversations, productive conversations that are going to continue into this morning, and we need obviously a clear decision in the course of today. So, we can move forward. The plan I've presented is the template to address this. The State is looking at that template. We understand is their ultimate decision. They can modify as they see fit, but the important thing is to come to a decision quickly so we can get going. We are prepared to implement as soon as tomorrow morning in those nine ZIP codes once we have the sign off from the state.

 

Now, in the meantime, again, what everyone can do, you're going to have this constant question, how long do these restrictions have to be in place? And I'm going to be talking to a lot of people in the community, I have been already, and my message is the same, you can keep it to a matter of weeks, but everyone has to participate. Everyone has to be part of the solution. If we all do this right, which we did before in much tougher circumstances, we contain this problem to a limited part of the city for a limited period of time, then we reopen in those places and keep moving forward. If we do it wrong, it keeps spreading into surrounding ZIP codes and that endangers the whole city. We cannot let that happen. So, everyone has to be part of the solution.

 

Now, today is a Tuesday and as always, we talk about testing on Tuesday, get tested Tuesday, look again, what works? Testing, testing, testing, we can say it so many times. You cannot say it enough times, because there's still a huge number of New Yorkers who've never been tested even once. It helps this whole city to get tested because it gives us a picture of what's going on and helps us understand where our challenges are and what to do about them. So again, if you have never been tested, please go get tested right away. If you haven't been tested a long time, please go get tested. It is fast. It's easy. We need New Yorkers, not just in those nine ZIP codes or those 13 on the watch list, but everywhere to get tested. The faster we get the truth, the faster we can act. Now, everybody we're expanding testing capacity throughout the city, constantly getting it where it's needed most, but remember we have over 200 sites all over the city. Everyone has a place near them. Always free, always quick. If you want to know where to go, just go online, nyc.gov/covidtest for locations or call 2-1-2-COVID19, and again, all tests is free.

 

Now I mentioned the importance of testing at the schools. We've been doing the testing of staff and educators outside schools, and in schools. Starting later this week, we're going to be starting the systematic medical monitoring of schools all over the city. We'll be doing that for every school once a month for the duration of this crisis and it's a way that we get more information, get to watch carefully what's happening. Keep everyone safe. This begins in some schools this Friday, we want to make sure that everyone is participating, that means educators, staff. It means students, everyone. Now, obviously educators and staff are overwhelmingly, ready, willing, and able to get tested, but we need a sign off form. We need a consent form from parents to get a kid tested at their school. So families can now complete the consent form online. You go to your NYC school account and you get that at mystudent.nyc. So just go to mystudent.nyc, your own account, enter in the information on the consent form that automatically makes sure the school knows that your child can be tested.

 

And look, to all the parents out there. I'm a parent. I want to say this to all of you. This is such a good and smart thing to do. The school community is working very closely with the Department of Health and the Test and Trace Team to make sure everyone is tested, tested quickly, safely, obviously for free. It's a great way to know what is going on in the school and keep everyone safe. You will get the results for your own child, this is a random sample in the sense of it's not every child every month, certain children some month, other children another month. But whenever there is a test of your child, you'll get those results quickly and that's important for your peace of mind. So, all families should participate and sign up on that consent form. The school will be reaching out to you about it as well. If you have any questions or concerns, and obviously we'll talk to people in whatever language they speak to help them understand how this works and to encourage them to sign that form.

All right, well, thank you, first of all, to Dr. Katie and all our colleagues at Health + Hospitals and everyone who's going to be part of the school testing program. That video really says it all. And look, parents, I want to say to you, as you can see, are very energetic, young volunteer there, had a cool hairstyle too, that he did not have a problem with that test because it's not the long instrument they used to use. It is the much shorter, simpler, just a quick rub around the inside of the nostril and it collects the sample really easily, really quickly. I've had this newer kind of test. It is much better, much simpler. That's what we'll be providing the kids and its as quick and easy as you just saw there.

 

Now let's talk since we're talking about kids, we're talking about schools, let's talk about what we need to do to make sure that kids continue to be educated during this pandemic. Now that we have our whole school system open, our buildings open, we have kids in classrooms, we have kids obviously in the blended approach where they're in class part of the week at home, working online for the rest of the week and other kids in all remote, but what does it require? It requires every child has the technology they need. Now in the spring there was an absolutely astounding effort to get technology in the hands of kids who needed it, an emergency effort that was really admirable, and I commend everyone at the DOE and all the partners in the private sector who helped make that possible, 350,000 iPads were distributed beginning of March, and it was one of the greatest efforts to address the digital divide in this city's history. Overall, the Department of Education has 950,000 remote learning devices available for students, some obviously are kept in schools, others are given to kids to take home. That supply has been extraordinary and has reached so much of our needs, but we still have additional need for 100,000 more iPads according to the surveys we've taken from parents and families. So, the additional 100,000 iPads are being procured, now they will be provided to students starting next month. Again, any student who still needs an iPad will get one, or if their iPad broke or there's any problem, we'll replace it. We need the remote learning, whether it's part of the week or all week for a child to work, we need them to make sure they get the technology they need, and we will.

 

Okay, let's go to our indicators now for the whole city. Indicator number one, daily number of people admitted to New York City hospitals for suspected COVID-19 threshold is 200 patients. Today's report is 70 with a confirmed positivity rate for COVID of 21.4 percent. Number two, new reported cases on a seven-day average, threshold is 550 cases, today's report 501 cases. And number three, percentage of people testing positive citywide for COVID-19 threshold is five percent, today’s report 1.90 percent, and the seven-day rolling average today is 1.65 percent.

BRONX MAN INDICTED FOR SEXUALLY ABUSING WOMAN, ASSAULTING TWO OTHER WOMEN IN HOUR-LONG SPREE OF VIOLENCE

 

Two Victims Were Attacked Entering Their Homes, One Leaving a Daycare Location

 Bronx District Attorney Darcel D. Clark today announced that a Bronx man has been indicted on Sexual Abuse, Robbery, Assault and additional charges for attacking three women in the Bronx within an hour on June 26, 2020. 

 District Attorney Clark said, “The defendant assaulted three women on a June morning, in the middle of the pandemic, one by one within an hour. Without provocation, the defendant beat the victims, leaving two with concussions. Two of the victims were attacked as they entered their homes, and another was assaulted when she was dropping her children off at daycare on her way to work.” 

 District Attorney Clark said the defendant, Michael Rosa, 25, of 896 Melrose Avenue, was arraigned on second and third-degree Robbery, three counts of third-degree Assault, Petit Larceny, second-degree Assault, first and third-degree Sexual Abuse, and Forcible Touching before Bronx Supreme Court Justice Michael Gross on October 2, 2020. Bail was continued at $150,000 and the defendant is due back in court on January 15, 2021.

 According to the investigation, on June 26, 2020 at 7:05 a.m. in front of a Steuben Avenue building, the defendant approached a 17-year-old woman from behind while she was attempting to enter her apartment. Rosa allegedly struck the victim on the side of her face, causing her to fall to the ground. He then stole her iPhone and fled. The victim was taken to which North Central Bronx Hospital for treatment.

 At approximately 7:30 a.m. on Hull Avenue, the defendant followed a 24-year-old woman into an apartment building. Rosa grabbed her by the neck and shoulders as she entered her apartment, and threw her down a small flight of stairs, causing her to fall to the ground head first. Rosa then fled the scene. The victim was left with a laceration and bruises to her head. She also had bruises on her shoulders, thighs legs, knees and chest. She was taken to Jacobi Hospital for treatment.

 Approximately a half hour after the second incident, the defendant grabbed a 27-year-old woman from behind as she exited a building on Reservoir Oval West. Rosa then threw her to the floor and punched her multiple times about the body. He then pulled down her pants, lifted her up by the ankles and struck her on her bare buttocks. The defendant struck the victim multiple times about the body again, then fled the scene. The victim was left with bruises on her face and eyes, and scratches to her left shoulder. She was taken to North Central Bronx Hospital where she was treated for her injuries.

 District Attorney Clark thanked NYPD Officer Eddy Soriano and NYPD Detective Carolyn Tully, both of the Bronx Special Victims Squad. 

An indictment is an accusatory instrument and not proof of a defendant’s guilt. 

Brooklyn Man Sentenced To 20 Years In Prison For Conspiring To Sex Traffic Minor Victims

 

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced that ANTHONY YOUNG, a/k/a “Royalty,” was sentenced today to 20 years in prison for conspiring to sex traffic minor victims.  YOUNG’s sentence was imposed by United States District Judge Sidney H. Stein, before whom he previously pled guilty to one count of conspiracy to sex traffic minor victims.  As part of his plea, YOUNG acknowledged that he conspired to traffic two minor females.

Acting U.S. Attorney Audrey Strauss said:  “In violation of federal criminal law, Anthony Young had sex with two minors and further sexually abused and exploited them by directing them to engage in commercial sex, keeping the proceeds for himself.  For his callous and abusive conduct, Young has been sentenced to 20 years in prison.”

FBI Assistant Director William F. Sweeney Jr. said:  “Luring children into the sex trade, and then physically abusing those children, is beyond contemptible. Now that Mr. Young is thankfully bound for a federal prison cell, he’ll no longer be able to abuse our most vulnerable population.  Our FBI/NYPD Child Exploitation and Human Trafficking Task Force members do extremely difficult and emotionally draining work each day, but saving even one child from being victimized by a predator provides some light at the end of a very dark tunnel.  Please call us at 1-800-CALL-FBI if you know anyone who may need our help.”

Commissioner Dermot Shea said:  “Today’s sentencing underscores the importance of our work to stop anyone who would sexually abuse and exploit minors.  I commend our FBI/NYPD Child Exploitation and Human Trafficking Task Force, and all of our law-enforcement partners, for working tirelessly to seek justice and for helping these victims get the services they need.”

According to the Indictment and other court documents filed in Manhattan federal court:

YOUNG worked with others to lure two minor females, who had not yet turned 16 years old, into the commercial sex trade on the pretense of romance.  More than 10 years older than his victims, YOUNG had sex with them, took sexually suggestive pictures of them, advertised them for commercial sex, and told them how much they should charge for commercial sex acts. YOUNG arranged for his victims to be transported to various hotels to engage in commercial sex acts, and then he kept all the proceeds from these sex acts for himself.   

In addition to his prison sentence, YOUNG, 34, was sentenced to 10 years of supervised release.

Ms. Strauss praised the outstanding investigative work of the FBI and the New York City Police Department (“NYPD”), and in particular, the FBI-NYPD Child Exploitation and Human Trafficking Task Force.  She also thanked the Kings County District Attorney’s Office, the New York City Department of Correction, and the New York City Human Resources Administration for their assistance in this matter.  .

Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - OCTOBER 5, 2020

 

Directs Schools in Hot Spot Zip Codes Identified by New York City to Temporarily Close In-Person Learning Beginning Tomorrow 

Governor to Meet with Communities in Brooklyn, Queens and Rockland, Orange and Nassau Counties to Discuss Religious Gatherings 

New York State to Oversee Enforcement in Statewide Hot Spot Clusters 

20 ZIP Codes in Areas with Hot Spots - Brooklyn, Queens and Rockland and Orange Counties - Have 5.5 Percent Positivity Rate  

Statewide Positivity Excluding Hot Spot ZIP Codes is 1.01 Percent; 1.22 Percent with Hotspot ZIP Codes Included 

8 COVID-19 Deaths in New York State Yesterday 

SLA and State Police Task Force Visits 587 Establishments; Observes 0 Establishments Not in Compliance 

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the COVID-19 pandemic and directed schools in hot spot ZIP codes identified by New York City to temporarily close in-person learning beginning tomorrow. The governor noted that New York State needs more data on the threat COVID-19 poses in those schools. Governor Cuomo also announced he will meet with the communities in Brooklyn, Queens, and Rockland, Orange and Nassau Counties to address religious gatherings. New York State will oversee enforcement in statewide hot spot clusters. Yesterday, Governor Cuomo announced that New York State is deploying personnel to directly enforce state guidance within the hot spot ZIP codes. New York State will review the data in affected ZIP codes, gather more school data and determine criteria for reopening the schools.

In the top 20 ZIP codes in areas that have seen recent outbreaks - Brooklyn, Queens and Rockland and Orange Counties - 3,473 tests were conducted, yielding 193 positives or a 5.5 percent positivity rate. In the remainder of the state, 72,931 tests were conducted yielding 740 positives or a 1.01 percent positivity rate.

"My number one concern has always been schools. I said to the parents of this state, I will not allow your child to be sent to any school that I would not send my child, period. And you have my personal word on that," Governor Cuomo said. "If you have to prioritize testing, you want to go to these schools first because you know they are in hot spot clusters, so we have not yet tested some schools in hot spot clusters. Better safe than sorry. I would not send my child to a school in a hot spot cluster that has not been tested and where I did not have proof that the infection rate was low in that school. I would not send my child. I am not going to recommend or allow any New York City family to send their child to a school that I wouldn't send my child to. We're going to close the schools in those areas tomorrow."

New York State continues to track clusters with a particular focus on areas where there are hot spot, cluster situations. Within the top 20 ZIP codes in counties with recent outbreaks - Brooklyn, Queens and Rockland and Orange Counties - the average rate of positive tests is 5.5 percent. The rate of positive tests for the remainder of New York State, not counting these 20 ZIP codes, is 1.01 percent. These 20 ZIP codes contained 21 percent of all positive cases in New York State yesterday, but represent only 6.7 percent of the state's population.

Governor Cuomo Announces Completion of $204 Million Project to Rehabilitate a Section of the Bruckner Expressway and Six Connecting Ramps in the Bronx

 

Following Completion of Sheridan Boulevard and Start of Construction on Hunts Point, Project Furthers Governor's Commitment to "Building Back Better" in the Bronx

New LED Lighting Installed Along Half Mile Stretch; Innovative Construction Utilized to Minimize Need for Maintenance on Bridge Deck Joints

Project Completed On Time and On Budget

 Governor Andrew M. Cuomo today announced the completion of a $204 million project that rehabilitated a half-mile section of the Bruckner Expressway and six connecting ramps between East 141st Street and the interchange with the Major Deegan Expressway and the Robert F. Kennedy Bridge in the Bronx, prolonging the service life of the viaduct and reducing the need for future maintenance projects. The project was completed on time and on budget.

The completion of the project also builds on the Governor's continued commitment to "building back better" in the Bronx, starting with the $75 million rehabilitation of the Sheridan Expressway from an interstate highway to a pedestrian-friendly boulevard, as well as the ongoing $1.7 billion project that will eventually provide direct access to the Hunts Point Market from both the Bruckner Expressway and the new Sheridan Boulevard.

"We have made record investments to enhance the quality of life for residents of the Bronx and these new improvements will boost travel and commerce, while increasing the long-term sustainability of this critical roadway," Governor Cuomo said.  "Coupled with other transformational projects across the borough, the rehabilitated Bruckner Expressway continues our unprecedented efforts to build back better for the Bronx and for all New Yorkers."

Nearly 70 percent of the bridges' deck piers were eliminated with the use of innovative technology "link slabs" made of high-performance concrete, significantly reducing rainwater leaking through the deck and protecting the bridge piers.  This in turn reduces maintenance costs and will prolong the life of the viaduct.  The project also included replacing bridge decks, repairing concrete piers and steel girders, and replacing all bearings and pedestals.  Barriers, railings and drainage structures were replaced, and new roadway lane striping was added. New LED lighting was also installed along the expressway, on the ramps and at intersections below the expressway at 138th, 140th and 141st Streets to enhance safety and visibility for pedestrians and motorists.

In addition to the work on the Bruckner mainline, the following six ramps were improved as a result of this project:

• Ramp from the Robert F. Kennedy Bridge to the northbound Major Deegan Expressway (I-87)
• Ramp from the Robert F. Kennedy Bridge to the eastbound Bruckner Expressway (I-278)
• Ramp from the westbound Bruckner Expressway (I-278) to the Robert F. Kennedy Bridge
• Ramp from the westbound Bruckner Expressway (I-278) to the northbound Major Deegan Expressway (I-87)
• Ramp from the southbound Major Deegan Expressway (I-87) to the eastbound Bruckner Expressway (I-278)
• Ramp from eastbound Bruckner Boulevard at East 138th Street to the eastbound Bruckner Expressway (I-278).

Mayor de Blasio Holds His Daily COVID-19 Update After Governor Cuomo Changes the Plan

 

Mayor Bill de Blasio: Good afternoon, everybody. Yesterday, I announced a major counter offensive against the spread of the coronavirus here in New York City. Now this is a City that has come so far since the beginning of this crisis back in March and April, and we have shown how tough we can be in fighting this virus. And after all the progress we've made, it's tough to have to think about any rewind, any pause, even if it's in part of our city, but we have to do this now. We have to recognize what the data and the science are telling us and it’s time to move forward and fight back, because a rewind, a pause is all part of fighting back against the disease. It is what worked for us before and it will work for us again.

 

Now I am very clear after everything we've been through in these last months, that the great lesson is take action as soon as the data and science indicate that it's time, when the data and science tell you something, act on it. The sad reality and so much of the rest of the world, and even the rest of this country, is one of the data and the science were ignored. We are not ignoring it. We're proposing a very tough plan of action right now to address this situation and to ensure that it does not turn into a second wave all across New York City, we still have time to avert that problem, and that's what I want us all to focus on, stopping this problem right now. So, the City of New York has presented a plan to the State on how we address these clusters. We've gone over the plan with the State. I spoke with the Governor earlier today. We've laid out the foundation for how to stop this spread dead in its tracks and it is part of learning from what worked before and applying it in a very pinpoint manner.

 

Now, the State has agreed on the need to close public and nonpublic schools in the nine highest risk ZIP codes. So that will happen effective now tomorrow morning, that's an update now. The State determined they would rather have the schools closed tomorrow morning. So, at the end of the school day today those schools will be closed public and nonpublic in the nine ZIP codes. And again, we're going to work hard to turn around those nine ZIP codes so that in the coming weeks, kids will be able to come back to school. We've also presented a plan for closing down non-essential businesses in those ZIP codes. We're continuing to work with the Governor's team on that plan. The proposal I put on the table is the basis of discussion, nine ZIP codes, close all non-essential businesses. The Governor's team are considering evasive alterations they want to make to that geography or to the approach, but until we hear otherwise, our plan is to move ahead Wednesday morning with enforcement in those nine ZIP of all non-essential businesses. We will continue to work with the State in the meantime to get to a final resolution. Now, the important thing here is to remember the State has a role to play, the City has a role to play, but the biggest role will be played by all of you, by everyday New Yorkers in these nine ZIP codes and beyond.

 

So, it goes back to the basics. And I want to really urge people, if you live in any of the areas of concern, the nine key ZIP codes or some of the other ones that are on our watch list, please limit your activity, stay home when you can stay home. Of course, if you're sick, especially stay home. Wear the face coverings. It's just something we need people to do consistently, indoors, outdoors, everywhere, obviously, make sure you honor social distancing, avoid gatherings, real basic things. Wash your hands, use hand sanitizers. We need people do all this. And really, especially at this moment, we've got to get the clearest possible picture what's happening in these nine ZIP codes and literally everywhere else in the city. So I want to redouble our efforts to get people tested, more and more free testing has been made available all over New York City. If you live in one of those nine ZIP codes, imperative that you get tested. If you’ve not been tested recently, if you've never been tested, go out and get tested. It's free. It is quick. It's available all over the city and wherever you live in New York City. If you have not been tested recently, it's so important that we get a clear picture. The more New Yorkers that get tested, the better.

 

Now in terms of testing, what I've indicated to you, we do not see a citywide resurgence. We see a challenge in certain key ZIP codes. We do see an overall citywide number rising in terms of positivity, but that is largely based on what we see in those keys ZIP codes, not a bigger citywide trend. That said, there is a lot more activity now, obviously, since Labor Day, we've seen a lot more economic activity, more jobs, more travel, schools coming back, there's a lot going on. So it is very, very important that people be tested in the light of everything happening and that's how we will make sure we stay at an acceptable level. Anyone who needs to know where to go to get tested, you can go online nyc.gov/covidtest, or you can call 2-1-2-COVID19 to find free testing locations and there is definitely one near you.

 

Now, an update on the areas of greatest concern in Brooklyn and Queens, we still have nine ZIP codes. That number has not changed in the last 24 hours, nine ZIP codes that have been above three percent positivity for seven consecutive days or more. We have a watch list that I talked about yesterday, 11 ZIP codes. We're adding one more to the watch list, and that is ZIP code 11375 in Forest Hills, Queens, because we've seen a rise in the positivity level there. Now, again, those watch list ZIP codes do end up in the category requiring the greatest restrictions in less and until they have seven consecutive days above three percent positivity in their testing, we hope that does not happen. And the best way for that not to happen is to follow all those basic health and safety rules I talked about earlier and again to everyone in those areas, in those 12 ZIP code areas that are not now in the most restricted category, please go get tested so we can get the truth about what's happening in your neighborhood. The more people get tested, the better picture we get.

 

Okay, speaking of testing, there's an extensive effort right now, moving testing resources into all the affected areas that will continue to grow every single day. I want you to hear about this specific effort to mobilize testing resources and to get them where they're needed the most. I'm going to turn to the Executive Director of our Test and Trace Corp, Dr. Ted Long.

 

Executive Director Ted Long, Test and Trace Corps.: Thank you, sir. Testing is important because it gives us a line of sight into exactly where the coronavirus is and it gives us an opportunity to intervene to stop its spread. Now in New York City, we've built a massive testing system. We per capita test more people today than European countries like Germany and Asian countries like South Korea. We're leveraging and focusing our testing system in on the ZIP codes, the communities where we're seeing these clusters. If you look last Friday alone, if you look at our nine tier one ZIP codes, the baseline level of testing that they had before, on Friday in a single day, we doubled the number of tests being done in those communities. We're going to keep doing that and that's been a critical way that we've achieved the success that we have in communities like Sunset Park and like Soundview, where we've been able to drive down the percent of people testing positive by more than two thirds.

 

Our numbers over the last three days are, we did 1,900 tests, new tests on Friday and then over the weekend we did an additional more than 1,500 tests. Now I want to tell you a little bit about how we've been able to build up our testing resources so quickly because we have a few innovative and novel strategies. First, we've brought in our 13 mobile units and put them in strategic locations. Next, we've created six block parties, which is where we cordoned off part of the sidewalk, bringing a large team, and then we can test 500 people at each site per day in those instances. Next, we built out for rapid testing sites where you can come in and get a test result back within 15 minutes. We also created a new type of model, we call it the microsite model. In this model you come, pick up a self-swab kit, do the self-swab yourself, hand the kit back in, and you're done in a matter of minutes. You can go on your way. In addition, we're doing testing specifically at our schools. We've done eight schools a day since last week and today we're ramping up to test – doing testing at 12 different schools. We're going to keep doing that. Finally, we're building out rapid testing at eight additional sites, but this is a special effort. What we're doing in our additional sites is we're working with community providers in our high-risk communities. So, if you are going to your trusted doctor, we want your doctor to have one of our machines so that you can get a test done and a result back in 15 minutes. Now we're going to continue building up our testing resources as we move forward so that we can have the same success we did in Sunset Park and Soundview working together with our communities. We will suppress the coronavirus. Thank you, sir.

 

Mayor: Thank you very much, Dr. Long, and everybody look, this is going take an intense effort by all New Yorkers, but I want to remind you again, what we went through before we saw tremendous sense of unity and teamwork from New Yorkers. We saw everyone working together, want to emphasize we are all in this together. Every one of these ZIP codes and in the whole city, we all have to work together. That's what's going to get us through this and it starts with everyone getting tested.

 

Okay, let me turn to another matter, which is very much related to new developments that has a huge impact on this city's present and future – that's the census. We have very important news that the higher court circuit court of appeals federal court ruled that the Census Bureau must continue to count until October 31st. We are pushing to ensure that actually happens. There is a possibility the Trump administration will appeal this to Supreme Court. In fact, unfortunately it's probably a likelihood, but we're working on the assumption we could have as many as four more weeks to do this work. So, want to emphasize everyone how important it is to respond to the census now – it is still alive, it is still happening. New York City now has a self-response rate of 61.1 percent, very close to where we were in 2010 without a pandemic, but we want to get that number up quite a bit. Please go to my2020census.gov. It is so important that you get involved and you get your whole family involved. Everyone involved. We need this and also want to remind everyone while you're thinking about the important things to do for today and for the future, 29 days, till the election, the opportunity to register to vote. We have only a few more days want to remind people how important it is. If you have not registered, get out there and register to vote, be a part of determining the future of the city, state and nation. All of these things we're talking about now are things everyone can do. Every single New Yorker can participate in the census. Every single New Yorker can sign up and vote, who's eligible to vote, and of course, everyone who needs a coronavirus test can get a test. All those actions are things that you can do that will make a big difference for this city right now and well into the future.

 

Okay, so now let me talk about our indicators. Give you the overall picture for New York City. Indicator number one: daily number of people admitted to New York City hospitals for suspected COVID-19 – threshold is 200 patients – today's report: 67 patients with a 13.4 percent confirmed positivity rate for COVID-19. Number two – new reported cases on a seven-day average threshold is 550 cases – today's report 490 cases, and number three, percentage of people testing citywide positive for COVID-19 – threshold five percent – today's report is 1.83 percent, and the seven-day rolling average is 1.75 percent.

Statement from Andy King Following NYC Council Decision

 

“ I am very saddened and disheartened by the decision made by the New York City Council in today’s Stated meeting. As a representative of the 12th District in the Bronx, it is very disappointing to be removed from a position that has allowed me to serve my community for almost 8 years. 

It is clear to me from the narrative spun by my colleagues today, in casting their vote to remove me, that they did not consult the transcripts of the hearing that was held by the Committee on Standards and Ethics. It is also apparent that they did not review any of the evidence presented against me during the hearing. 

Many of my colleagues condemned sexual harassment before casting their vote.  I like them, repudiate sexual harassment in any form, and have always worked to ensure that woman’s rights are protected, supported and enriched.  This case had nothing to do with sexual harassment. In the words of Supreme Court Justice Clarence Thomas, it was a high tech lynching orchestrated by my political enemies to satisfy their agenda. 

The people of my district will not be disenfranchised nor dictated to by the mighty and powerful, who work to suppress the voices of black and brown people across this city. Not one member of the City Council in the history of this body has been expelled for conduct that does not constitute a crime. I will be addressing this disparity with my lawyers, and working hard to protect the rights of the people in my district— whose voices were stolen and silenced today. 

Please know that I appreciate all of the prayers from everyone who has supported me over the years, and those who continue to support me. Onward to Court we march. God Bless.” -Andy King