Acting Manhattan U.S. Attorney Announces $40.5 Million Settlement With Durable Medical Equipment Provider Apria Healthcare For Fraudulent Billing Practices

 

Apria Admits It Continued to Seek Reimbursement from Federal Programs When It Did Not Know If Patients Were Continuing to Use Their Non-Invasive Ventilator Rentals and After It Had Information Indicating That Patients Had Stopped Using Their Ventilators

 Audrey Strauss, the Acting United States Attorney for the Southern District of New York, Scott Lampert, the Special Agent in Charge for the New York Office of the Inspector General of the U.S. Department of Health and Human Services (“HHS-OIG”), Patrick J. Hegarty, Special Agent in Charge of the Northeast Field Office of the U.S. Department of Defense - Office of Inspector General’s Defense Criminal Investigative Service (“DCIS”), and Norbert E. Vint, Deputy Inspector General Performing the Duties of the Inspector General, Office of Personnel Management Office of the Inspector General (“OPM OIG”), announced today a $40.5 million settlement of a fraud lawsuit against Apria Healthcare Group, Inc. and its affiliate, Apria Healthcare LLC (together, “Apria”), a large durable medical equipment (“DME”) provider with approximately 300 branch offices located throughout the United States.  The lawsuit alleges, among other claims, that Apria submitted false claims to federal health programs, including Medicare and Medicaid, seeking reimbursement for the rental of costly non-invasive ventilators (“NIVs”) to program beneficiaries who were not using the NIVs such that the devices were not medically necessary or that involved the improper waiver of patient co-insurance payments.  

Under the settlement, which was approved on December 18 by U.S. District Judge Edgardo Ramos, Apria agreed to pay a total sum of $40.5 million, with $37,632,789.89 being paid to the United States and the remaining amount to be paid to various states.  As part of the settlement, Apria also made extensive factual admissions regarding its conduct.

 Acting U.S. Attorney Audrey Strauss said: “It is critical to the financial integrity of federal health programs like Medicare and Medicaid that reimbursements are made only for medically necessary items and services.  DME providers like Apria have an obligation to ensure that the equipment and devices they rent to patients are medically necessary.  When companies knowingly disregard that obligation to maximize their profits, this Office will hold them accountable for their fraudulent conduct.” 

HHS-OIG Special Agent in Charge Scott J. Lampert said:  “Apria’s conduct compromised the integrity of the Medicare and Medicaid programs, and needlessly increased the financial burden on taxpayers.  Along with our law enforcement partners, HHS-OIG will continue to ensure that those individuals and entities that bill federal health care programs improperly are held accountable for their actions.”

DCIS Special Agent in Charge Patrick J. Hegarty said:  “The Defense Criminal Investigative Service (DCIS) is committed to protecting the integrity of TRICARE, the healthcare system for military members and their families.  Charging TRICARE for DME that was not necessary betrays the public’s trust.  This settlement demonstrates our partnership with HHS-OIG, OPM-OIG and the U.S. Attorney’s Office to investigate fraudulent schemes that impact TRICARE and put its beneficiaries at risk.”

OPM OIG Deputy Inspector General Norbert E. Vint said:  “The OPM OIG is committed to fighting all forms of health care fraud.  As demonstrated by this settlement, providers that exploit federal health care programs by submitting false claims will be held accountable.”

As alleged in the complaint filed by the United States, Apria decided in 2014 to prioritize the expansion of its NIV rental business because health care programs like Medicare paid as much as $1,400 per month to cover NIVs, a type of complex respiratory equipment that can dynamically adjust the pressure level of air delivery.  That expansion, however, came at the cost of Apria’s compliance with the basic medical necessity requirement of federal health programs.  Specifically, while Apria knew that it was responsible for monitoring patients’ utilization of their NIVs and to stop billing when NIVs were no longer being used, it did not have enough staff, or “respiratory therapists,” to conduct such monitoring.  As a result, Apria routinely billed Medicare and other programs when it did not know whether NIVs were still being used by patients and, therefore, remained medically necessary.  Further, even when Apria had information indicating that patients were no longer using their NIVs, it often continued to bill the federal health programs. 

As further alleged, Apria engaged in two other types of improper practices to obtain more NIV orders and higher profits.  First, Apria improperly billed federal health programs for certain NIV rentals that were being used in a setting called PAC mode to provide bi-level pressure support therapy, which was available from a less expensive device called VPAP RAD and did not qualify for reimbursement at the NIV rate.  Second, Apria improperly waived co-pays for a number of Medicare and TRICARE beneficiaries to induce them to rent NIVs.  For example, Apria employees offered to waive co-pays to convince patients to rent NIVs from Apria instead of competitors.  Further, Apria also waived co-pays without making the required individualized assessment of financial need.  As a result of those three widespread improper practices, Apria submitted thousands of false claims to federal health programs for NIV rentals and fraudulently received millions of dollars in reimbursements.

As part of the settlement, Apria admitted, acknowledged, and accepted responsibility for, among others, the following conduct:

NIV Continued Use Conduct

• Apria relied on the respiratory therapists (“RTs”) in its branches to monitor patients’ usage of their NIV devices.  Further, Apria’s NIV promotional materials indicated that Apria’s RTs would regularly visit NIV patients to assess whether they used their NIV devices in accordance with their physicians’ instructions.
• The RTs at Apria’s branches, however, often did not conduct regular visits to NIV patients to confirm that patients were using their NIVs as directed by their physicians. A January 2017 internal analysis, for example, found that in December 2016, Apria’s RTs failed to complete more than half of the visits to NIV patients mandated by Apria’s NIV clinical procedures at all three of Apria’s operational zones. 
• Apria continued to seek payments from federal health programs for NIV rentals each month even though its RTs frequently failed to conduct in-home visits to verify that patients were still using their NIVs.  
• In addition, when it had information from the RT visits indicating that patients had stopped using their NIVs, Apria often did not take steps to stop seeking payments from federal health programs or to determine if the NIV rentals were still medically necessary.

PAC Mode Conduct

• In 2015, Apria encouraged its sales staff to actively urge physicians to order the Astral NIVs in PAC mode.  When they urged physicians to order the Astral NIVs in PAC mode, Apria’s salespeople frequently did not tell the physicians that PAC mode therapy was also available through the VPAP RAD at a lower monthly cost.
• On a number of occasions, this resulted in Apria renting the more expensive Astral NIVs to patients with the PAC mode therapy orders, including patients covered by federal health programs, even though the less expensive VPAP RADs may have met those patients’ medical needs.

Co-Pay Waiver Conduct

• Managers at a number of Apria’s branches directed salespeople at those branches to routinely discuss the availability of co-pay waivers with NIV patients, including before the patients raised concerns about their ability to make these payments.  In a number of cases, those managers also authorized salespeople to offer co-pay waivers to persuade patients to rent NIVs from Apria instead of other DME suppliers.
• During the Covered Period, Apria gave full co-pay waivers to hundreds of NIV patients without making an assessment as to whether those patients could have afforded some portion of their co-pay responsibilities.

• As a result of the admitted conduct, Apria received reimbursements from the federal health programs for some NIV rental claims that did not comply with all of those programs’ billing rules and guidance.

In connection with this settlement, Apria also entered into a Corporate Integrity Agreement with HHS-OIG, which requires Apria to implement board oversight, a claims review process by an Independent Review Organization, and other compliance steps designed to foster adherence to federal health care program requirements and thereby protect the programs.

This settlement arises from a whistleblower case filed by three former Apria employees under the qui tam provisions of the False Claims Act, which allow private persons – known as “relators” – to file civil cases on behalf of the United States and share in the recovery. 

Acting U.S. Attorney Strauss thanked the Washington State Medicaid Fraud Control Unit for its extensive collaboration in the investigation and resolution of this case, and also praised the outstanding investigative work of the HHS-OIG, DCIS, and OPM-OIG.

AG James Secures $6 Million Over False Medicaid Billing Scheme at an Inpatient Drug Treatment Center

 

Former Owner and CEO of Drug Treatment Facility Personally Liable for $3 Million for Defrauding the State, and Also Agrees to a Ban from the Medicaid Program

 New York Attorney General Letitia James today announced an agreement with A.R.E.B.A.-CASRIEL, Inc. d/b/a/ Addiction Care Interventions Chemical Dependency Treatment (ACI) and its majority owner, Steven Yohay, regarding multiple schemes that defrauded the state Medicaid program, as part of a joint state-federal investigation. Filed this past Friday in the United States District Court for the Southern District of New York, ACI and Yohay admitted that they failed to respond to reports of wrongdoing — which the investigation substantiated — that ACI engaged in multiple illegal schemes, including that its employees bribed people experiencing homelessness into getting inpatient treatment there.

“Exploiting individuals who are experiencing homelessness is disgraceful,” said Attorney General James. “My office will use its power to seek out Medicaid providers looking to defraud the Medicaid system and New York state taxpayers. I will not stand idly by while those funds get misused by bad actors who wish to wrongfully collect funds that will be so desperately needed elsewhere.”

ACI admitted to many instances of deceitful and fraudulent behavior, such as: paying an individual for a “no-show” job at ACI, while that person worked as a full-time employee at another organization with the same function as ACI; encouraging “outreach” drivers who regularly bribed potential Medicaid patients into seeking inpatient treatment at ACI, many of whom were experiencing homelessness at the time; and allowing Medicaid patients to enroll in its inpatient treatment program despite not being evaluated by a qualified health care professional, a violation of New York enrollment practices. Instead of the evaluations, ACI used fraudulent signatures from medical providers that were photocopied onto medical forms in order to falsely substantiate an evaluation by a medical provider where none had occurred. 

Among these allegations, the most serious incidents took place between January 2014 and December 2019, when ACI’s “outreach” drivers coerced out-of-state residents to enroll in ACI’s inpatient treatment program by offering them money, drugs, and/or alcohol. ACI and Yohay admitted that most of these out-of-state enrollees were from New Jersey, where many were already enrolled in New Jersey’s Medicaid program.

ACI has agreed to reimburse the New York state Medicaid program in the amount of $3 million dollars, and Yohay personally agreed to reimburse the New York state Medicaid program another $3 million dollars. Additionally, all current owners of ACI, including Yohay’s brother, agreed to divest themselves of their ownership interests in ACI. Yohay has also agreed to be banned from participation as a provider in any government-funded health care program for fifteen years. The new owners of ACI have agreed to be bound by the terms of this agreement, which includes changes to the ACI program to ensure it steers clear of future illegal conduct. The case against ACI and Yohay was initiated by a former employee and whistleblower, who will receive a portion of the agreement. The whistleblower lawsuit was filed under the qui tam provisions of the federal and New York State False Claims Act, which allows average citizens to file civil actions on behalf of the government and to share in the proceeds of any recovered funds.

New York’s claims in the qui tam case were handled by the Medicaid Fraud Control Unit (MFCU) in the Office of the Attorney General (OAG), which worked closely with the U.S. Attorney's Office for the Southern District of New York.

This is the latest in a long line of work by Attorney General James to protect New Yorkers from those who seek to defraud the state Medicaid program. In October 2020, Attorney General James charged a Bronx clinic-owner for stealing $4 million from taxpayers in a scheme where the owner submitted false claims for back braces. In the same month, Attorney General James cracked down on non-licensed individuals who were providing physical therapy services to unknowing New Yorkers and submitting claims to Medicaid.

The Attorney General would like to thank the New York State Office of Addiction Services and Supports, and the United States Department of Health and Human Services’ Office of the Inspector General, for their valuable assistance and cooperation in this investigation. 

MFCU’s investigation was led by Detectives Alexander Lipkin and Larry Williams with the assistance of Detective Supervisor Dominick DiGennero, under the supervision of Deputy Chief Kenneth Morgan. The underlying financial audit was completed by Senior Auditor Investigator Svetlana Volchyok with the assistance of NYC Regional Deputy Chief Auditor Jonathan Romano and NYC Regional Chief Auditor Thomasina Smith. Also assisting in the investigation were Confidential Legal Assistant Victoria Sepe, with the assistance of Supervising Legal Assistant Wendy E. Dorival and Lead Data Scientist Si Lok Chao.

This matter is being prosecuted by Special Assistant Attorneys General David G. Abrams and Amy B. Delfyett, with assistance from Civil Enforcement Chief Alee N. Scott and NYC Regional Director Christopher M. Shaw. MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. The Division of Criminal Justice is led by Chief Deputy Attorney General for Criminal Justice José Maldonado and overseen by First Deputy Attorney General Jennifer Levy.

Reporting Medicaid Provider Fraud: The Medicaid Fraud Control Unit of the Office of the New York State Attorney General enforces laws that protect the public by addressing Medicaid provider fraud and that protect nursing home residents from abuse and neglect. If an individual believes they have information about Medicaid provider fraud or about an incident of abuse or neglect of a nursing home resident, they can file a confidential complaint online on the OAG website at https://ag.ny.gov/nursinghomes, or by calling the MFCU hotline at 212-417-5397. If the situation is an emergency, please call 911.

MFCU receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $60,071,905 for Federal fiscal year (FY) 2019-20, of which $45,053,932 is federally funded. The remaining 25 percent of the approved grant, totaling $15,017,973 for FY 2019-20, is funded by New York state. Through MFCU’s recoveries in law enforcement actions, MFCU regularly returns more to the state than it receives in state funding.

Comptroller Stringer Audit Uncovers Hazardous Conditions in City Homeless Shelters for Families with Infants

 

Audit of New York City Department of Homeless Services (DHS) shelters found unsafe sleep conditions and other hazards jeopardizing infants’ health and safety

Cluttered and unsafe cribs, exposed electrical outlets, mold and mildew, vermin infestation, and accessible hazardous substances found in units where infants reside

Comptroller recommends 10 actions to protect infants’ health and safety

 New York City Comptroller Scott M. Stringer released an audit of infant safety within the New York City Department of Homeless Services (DHS) shelter system, revealing widespread hazardous conditions in sampled shelters where infants reside – including exposed electrical outlets, mold and mildew, vermin infestations, broken or missing window guards, and unsafe cribs. The Comptroller’s auditors found deficiencies raising health and safety concerns in all 13 shelters they visited and 92 percent of the 91 units they inspected, including 32 units with 4 or more safety concerns in 11 shelters. The audit also found that non-compliant shelter operators faced no apparent consequences; five of the 13 shelters in the audit sample were allowed to continue doing business with the City after receiving poor performance evaluations from DHS.

Comptroller Stringer recommended ten measures to protect the safety and wellbeing of infants in City shelters, including action by DHS to ensure that providers inspect all units where infants reside weekly, promptly correct all deficiencies found, and properly instruct all families with infants on safe sleep practices promptly after they enter a shelter.

“As a parent, I find the conditions we uncovered shameful, distressing and unacceptable. Our young children are the most vulnerable among us; they rely completely on us, as adults, to protect and care for them. Our investigation into infant safety in homeless shelters found that the City has utterly failed in its responsibility,” said New York City Comptroller Scott Stringer. “It is a stain on this City that babies in our care are sleeping alongside vermin, breathing in mold and mildew, and playing near live electrical outlets. Even one child exposed to these conditions is too many, but our audit found safety violations in 92 percent of the units we inspected. Families experiencing homelessness enter the shelter system seeking safety and stability in their time of need, and we must not allow a child’s first days and months to be spent in an environment that poses a direct threat to their health and wellbeing. I urge the City to immediately correct this unacceptable state of affairs and adopt the recommendations outlined in this report to protect the young lives in shelter care. We don’t have a second to waste.”

During Fiscal Year 2019, DHS managed two City-operated and 155 provider-operated shelters that served families with children. In that period, DHS provided shelter to approximately 25,661 families with approximately 46,454 children including 4,824 infants. The audit found that the providers of the 13 sampled shelters failed to ensure the safety and wellbeing of infants in the sampled shelters. The audit identified crib-related deficiencies, missing safe sleep posters, exposed electrical outlets, mold and mildew, vermin infestation, and accessible hazardous substances in the units where infants lived. Auditors found that 11 of the sampled shelters had no records to show that 638 (44 percent) of the 1,445 of the required weekly inspections had been performed for 86 noncompliant units. In addition, shelter management often failed to update the Client Assistance and Rehousing Enterprise System (CARES) timely to record the arrival of newborn infants in the shelters and ensure that appropriate safeguards, such as approved cribs, safe sleep videos and posters, and weekly inspections, were promptly put in place, and that DHS’ records of the families and infants present in its shelters were accurate.

According to DHS, approximately 50 infants in New York City die from preventable, sleep-related injuries each year. DHS participates in a Safe Sleep Initiative that the City’s Administration for Children’s Services (ACS) and Department of Health and Mental Hygiene (DOHMH) initiated in or around 2015. As part of that initiative, in 2018, DHS issued its “Safe Sleep Policy on Infants in Shelters for Families with Children,” to provide shelters with guidelines for safe sleep practices for infants. The Safe Sleep Policy includes provisions such as the use of stationary or portable cribs for the safety and wellbeing of infants whose families reside at a shelter. DHS also requires shelters to show families a safe sleep video within 48 hours of their arrival. Shelters are required to have each family sign a Safe Sleep Education Acknowledgment and Crib Acceptance/Refusal Form. If a family decides to use its own crib, shelters must obtain approval from DHS. DHS also requires shelters to conduct weekly unit inspections for families with infants. Shelters must document such inspections by entering a unit inspection note in CARES maintained by DHS and maintaining hard copies of the completed inspection forms within each client’s physical file.

Comptroller Stringer’s audit found the following deficiencies in DHS shelters for families with children:

• Inspection of 91 randomly selected units with infants at 13 shelters found 264 deficiencies, including –
  • Unsafe sleep conditions, such as nonuse and the improper use, placement, and condition of cribs, and the absence of required safe sleep posters; and
  • Inadequate unit conditions, including exposed electrical outlets and sharp edges, mold and mildew, vermin infestation, missing and broken window guards, accessible hazardous substances, and dirty and cluttered units.
• At least one deficiency was found in 92 percent of units inspected.
• All 13 shelters visited had deficiencies, including 32 units with 4 or more safety concerns in 11 shelters.
• Shelter management often did not update CARES in a timely manner to reflect arrival of newborn infants residing in their shelters.
• Shelters did not inform families of safe sleep protocols.
• Shelters did not consistently perform or document the required unit inspections.

Despite poor performance evaluation scores for five of the 13 shelters in our sample, all 5 shelters were nevertheless offered opportunities to continue doing business with the City. If the conditions found at the sampled shelters are consistent with conditions at the remaining shelters contracted by DHS, the City faces an increased risk that providers managing shelters throughout the City are offering inadequate housing to homeless families.

In response to these alarming findings, Comptroller Stringer recommended 10 actions to DHS ensure the safety of infants in their care. The recommendations included:

• DHS should ensure that the shelter providers promptly inspect and correct the conditions that raise safety and health concerns in the 13 sampled shelters identified.
• DHS should update, and enforce, its written policies and procedures to include a specific timeframe in which shelters must update their records in CARES, any successor system, and other records to account for the presence of all infants. The written policies and procedures should cover, at a minimum, updates to the family composition records, and a standard, readily searchable, contemporaneous record of the date every infant, including every newborn, begins residing in the shelter.
• Shelters should ensure that they play the prescribed safe sleep instructional video for all families with infants and then obtain properly completed Safe Sleep Education/Acknowledgment and Crib Acceptance/Refusal Forms on time from all families with infants and that they use only the updated form DHS prescribes.
• Shelters should ensure that they perform the required weekly unit inspections, that they document the results in a timely manner, and that they take prompt corrective action to address the deficiencies they find.
• DHS should establish and enforce consequences for noncompliance with infant safety policies.

To read Comptroller Stringer’s report on DHS’ care of infants residing in the shelter system, click here.

MAYOR DE BLASIO, FIRST LADY MCCRAY, AND CHANCELLOR CARRANZA ANNOUNCE 2021 MENTAL HEALTH AND WELLBEING PLAN FOR SCHOOLS

 

Mayor Bill de Blasio, First Lady Chirlane McCray, and Schools Chancellor Richard A. Carranza today announced a mental health plan to support students this fall, as part of the 2021 Student Achievement Plan. The first phase will focus on the 27 communities hardest hit by COVID-19, with plans to make these critical mental health supports available to students citywide.

 

“The trauma of the pandemic has been acutely felt by our youngest New Yorkers,” said Mayor Bill de Blasio. “In New York City, we believe that mental healthcare is a human right, and our students will not navigate this pain and grief alone.  Now with our school communities, we will give our kids the emotional support they need to succeed in a safe and supportive environment.”

"Now, more than ever, it’s important that we are able to pinpoint and address student strengths, weaknesses and areas of concern. The pandemic has tested everyone’s ability to work through some pretty tough challenges, and when children head back to school, each with their own mix of emotions, they will need more support than ever,” said First Lady Chirlane McCray. "This new screening will provide educators and staff with a more accurate indicator of how our children are doing when they re-enter the classroom. Learning and growing, continuous improvement is important for students and educators. There is no better investment to pair with our SEL and restorative justice curriculum."

 

“Students are only able to succeed academically when their social and emotional needs are being met, and we are only now starting to understand how this crisis is impacting our young people,” said Schools Chancellor Richard. A Carranza. “Building on what we know works as we look ahead, we know we’ll use these tools and resources to provide our school communities with the ability to confront and address trauma while fostering a safe, supportive environment for all students.”

 

Building on years of investments in the social emotional wellbeing of students, and expanding on the recently announced 2021 Student Achievement Plan, the mental health plan is a three-pronged approach to confront the trauma and mental health crisis faced by our students. Beginning in the 27 communities hardest hit by COVID-19, the DOE will make social, emotional, and academic behavior screeners available for all students K-12, hire 150 additional social workers, and add a community school in each of the 27 neighborhoods. This first phase will serve approximately 380,000 students across approximately 830 schools. This plan includes partnerships with community-based organizations and builds on the administration’s significant investments in the social and emotional wellbeing of young people, including through our Resilient Kids, Safer Schools initiative that expanded social-emotional learning and restorative justice approaches citywide; and our Bridge to School plan which provided educators with additional supports and trainings in the wake of the COVID-19 pandemic.

 

A social emotional screening is an evidence-based tool that facilitates a check-in on how students are doing emotionally and assesses a general sense of wellbeing, based on the observations made by the adults in school that know them best. The results of the screen will be analyzed by a school-based team to guide school-wide programming, elevate and address needs of specific students who might need additional care, and coordinate between parents, counselors, social workers, and clinicians to provide interventions that meet the unique, personalized needs of that particular student. 

 

Currently, every school has access to a social worker or guidance counselor, and we will continue to add to this pool so that more schools can have more full-time, dedicated support. DOE will hire an additional 150 social workers to serve schools in the communities hardest hit by COVID, prioritizing the schools in these communities currently without a fulltime social worker. Social workers will work in partnership with educators and Health + Hospitals clinicians, through the previously announced Pathways to Care initiative, to target resources, clinical supports, and interventions to students based on their unique needs.

 

To further expand services that support the whole child, this plan will transform 27 schools in these communities to become Community Schools. Community Schools are a cornerstone of this administration’s approach to rethinking the place a school has in its community, by connecting schools to community partners who provide wraparound services to address the specific needs of that school’s community. A recent RAND Corporation impact study of New York City’s Community Schools program found that they have many positive impacts, including increasing graduation rates, decreasing chronic absenteeism and disciplinary incidents, while improving student achievement.  

 

The second phase of this initiative will move to make these mental health and wellbeing supports universal. Our children need these supports, and we need the federal government to step up and provide school districts with appropriate resources to meet unprecedented mental health needs laid bare by the pandemic. With additional and significant federal stimulus aid, the City can expand this work to provide all students with social, emotional, and academic behavior screenings, hiring a total of 500 social workers, and growing a total 100 Community Schools. With federal support, every New York City school would have access to a mental health clinic, CBO-provided mental health services, or a social worker.

 

The strategies announced today are part of an ongoing, citywide effort to meet the mental health needs of children and young people in the face of the COVID-19 pandemic. In August, the Mayor, First Lady and Chancellor announced the Bridge to School program to help schools integrate trauma-informed practices into school reopening, following an historic investment to address the social-emotional needs of students. In addition, ThriveNYC and DOE collaborate on several innovative mental health programs that serve children and families, which offer a combination of in-person and tele-mental health support during the pandemic.  

EDITOR'S NOTE:

While the mayor talks about 27 communities hardest hit by COVID-19 there is never any mention as to which communities are the 27 communities that go unnamed.

Governor Cuomo Announces Santa Claus Granted Department of Health Waiver to Travel to New York for Christmas

 

We had a request for a waiver of quarantine. We normally do not do waivers of quarantine. It's unfortunate that we're in this situation, but people from other states that have a higher infection rate, what we're dealing with the U.K. now. As I said, no state is an island, so you have to protect yourself and that's what the quarantine rules did. But we have an unusual request, but DOH has been considering it for the past few days and they have actually granted the request. Santa Claus asked for an exception for the 14-day quarantine requirement because it would be impractical for him to be in the state and then quarantine and still get all his gifts delivered on time. DOH was flexible. They have granted the quarantine waiver, but Santa is required to wear a mask this year. I think you will still be able to recognize him even though he'll be wearing a mask because he does have a fairly distinct outfit that he wears, plus his body style is fairly distinct. So, I don't think there will be any issue in identifying Santa this year. He'll be able to do his job, but do it safely because he'll be wearing a mask. So, thank you, Dr. Zucker — I think that was a creative outcome to that waiver request.

NEW YORK CITY’S VACCINE EFFORT OUTPACES NATIONWIDE AVERAGE

 

New York City is vaccinating at over double the national average

 Over 42% of vaccine doses have now been administered in New York City, over double the national average of 19%. With the City’s vaccination effort now underway, Mayor de Blasio today also launched the Vaccine Command Center website to track the City’s progress in administering the in vaccine real-time.

 

“Hope is on the horizon in New York City,” said Mayor Bill de Blasio. “We are moving full steam ahead to get out healthcare workers and nursing homes the vaccines they need to win the battle against the virus once and for all.”

 

“We are still early in the process but these figures reflect the depth of preparation by our healthcare system and public health professionals,” said Health Commissioner Dr. Dave Chokshi. “The healthcare workers who receive this vaccine have demonstrated so much heroism and this vaccine will give them a layer of protection as they fight for our health in the year ahead.”

 

To date, 18,105 doses have been administered in New York City out of the 42,900 doses distributed to healthcare workers and nursing homes. Comparatively only 556,208 of the 2,838,225 total doses distributed nationwide have been administered. To add to New York City’s existing supply, the FDA has also now authorized the Moderna vaccine and it will be ship to New York City in the coming days.

 

Six of the Seven Candidates in the 11th City Council District to Replace Newly Elected Judge Andrew Cohen Say No to a Rigged Nomination Selection by the Ben Franklin Club

 

BREAKING NEWS

We reported that Ben Franklin Club President Michael Heller the moderator and time keeper Bruce Feld of the club forum had both donated to the Eric Dinowitz campaign. We then reported that the club was putting off it's yearly club elections due to COVID-19, but was trying to rush through an endorsement vote for a special election President Heller said would happen on February 27th, (in the photo above) despite COVID-19. We have received this letter from the other six candidates withdrawing their request for support from the Ben Franklin Club.

December 21, 2020

Six City Council Candidates Withdraw From The

Benjamin Franklin Reform Democratic Club’s

City Council Endorsement Process

Bronx, New York - Today, six of seven City Council candidates withdrew from the endorsement process of the Benjamin Franklin Reform Democratic Club for the expected 11th City Council District special election in March 2021.

In recent weeks, it was revealed that the club’s Executive Committee had authorized club President Michael Heller to change the club’s election procedures for endorsements and for club elections without first seeking input or agreement from club members. Following pushback, the procedure was changed in a rushed vote, violating the club’s own bylaws.

Under the system advanced by the Club President, Ben Franklin Club members wishing to vote on endorsements for the upcoming presumed special election are required to request a ballot and then mail their vote to the Club Secretary with the sender’s information on the outside of the ballot. It is unknown who will have access to the ballots or who will count the ballots.

Inconsistently, BFRDC leadership simultaneously advanced the postponement of its own leadership elections indefinitely, claiming that it could not safely hold an election for its officers and executive committee members.

Both measures violated the Club’s by-laws.

The City Council candidates sent a letter of withdrawal today to Michael Heller, the Club’s President. The withdrawal signals that they do not condone the undemocratic methods used to establish an unfounded and insecure voting process to produce an endorsement in a special election. The candidates urged the club to restore its commitment to democracy by abolishing the special election endorsement for the New York City Council in the 11th District and focusing its energy on its own transition of power.

The six candidates who are announcing their withdrawal for consideration of the endorsement today are: Carlton Berkley, Jessica Haller, Mino Lora, Abigail Martin, Dan Padernacht and Marcos Sierra. These candidates have been actively participating in the Benjamin Franklin Club’s endorsement process before these revelations came to light, including taking part in a candidates’ forum held by the club on November 24th.

At the time of this release, Eric Dinowitz has not confirmed his participation in the joint statement.

We don't choose if and when we are going to abide by the rules of a democratic process. It’s important to shine a light on the improper actions of groups that have an impact on the electoral process in our community.” - Dan Padernacht

“These actions raise serious concerns regarding the integrity of the Ben Franklin Club’s Executive Committee, who has abandoned the democratic process to make decisions on behalf of its members. The actions by the Ben Franklin club make it clear that our community needs new leadership.” -Abigail Martin

“The President of the club said that this situation is like ‘fixing the engine while flying the plane.” I’ve been in those situations, this is not that. This is more like ignoring red-engine light until the night before you need the car. I refuse to participate in a sham process and find it both ironic and unfortunate that the ‘Reformed Democratic’ club fails to recognize that its own absurd rules are in dire need of democratic reforms, and the community in dire need of new voices.” -Jessica Haller

"It is disappointing that in a democratic society, especially in today's environment, there seem to be elements in this race that are intent on swaying the outcome of this process. I stand in solidarity with my fellow candidates to speak out against changes that are not supported by the full BFDRC membership." -Marcos Sierra

“I support the BFRDC members who object to the executive committee’s unauthorized suspension of their bylaws. As these actions are in direct conflict with my progressive values, I am not seeking BFRDC’s endorsement under these circumstances.”- Mino Lora

Candidate Carlton Berkley gave no comment. 

THIRD ANNUAL MUSLIMS ISRAEL SUMMIT IN NEW YORK CITY

 

THIRD ANNUAL MUSLIMS ISRAEL SUMMIT IN NEW YORK CITY

Summit Theme: Honoring Muhammad Anwar el-Sadat. Celebrating Abraham Accord. Envisioning Israel’s OIC Membership.

Summit Date: Monday, December 21, 2020.
Summit Time: 6:00-8:00pm, NYC time.

Summit Venue: Zoom Platform

RSVP: Muslimsisraeldialogue@gmail.com

Open to all peacemakers but RSVP is required.

Summit Convener: Muslims Israel Dialogue and its partners.

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What Holy Quran says about Israel:

"And [remember] when Moses said to his people: 'O my people, call in remembrance the favour of God unto you, when he produced prophets among you, made you kings, and gave to you what He had not given to any other among the peoples. O my people, enter the Holy Land which God has assigned unto you, and turn not back ignominiously, for then will ye be overthrown, to your own ruin.'" Qur'an 5:20-21.  "And thereafter We [Allah] said to the Children of Israel: 'Dwell securely in the Promised Land. And when the last warning will come to pass, we will gather you together in a mingled crowd.'" Qur'an 17:104.

The physical presence of Masjid Aqsa and the Dome of the Rock as we know them today:

“Umayyad Caliphs commissioned the construction of the al-Aqsa Mosque and Dome of the Rock on the site. The Dome was completed in 692 CE, making it one of the oldest extant Islamic structures in the world. The Al Aqsa Mosque rests on the far southern side of the Mount, facing Mecca.”

Prophet Muhammd (PBUH) died on June 8, 632 AD, Medina, Saudi Arabia.

Nations of the world and their peoples as of today:

193 member nations of the United Nations. 57 of which belong to the Organization of Islamic Cooperation. Out of them, 22 nations belong long to Arab League.  These Arab League nation are correctly proud of their Arabic language, culture, heritage, sovereignty and most importantly, Islamic religion.  A sovereign Palestine can easily be accommodated where it is, when Lebanon, Jordan, Syria and Egypt readjust their colonial marked borders.  These borders are new and artificial. 

Israel is the only nation for the world Jewry, and Jews in the land of Israel is in each Abrahamic Holy Book.  

Let us celebrate ISRAEL to establish PALESTINE.  It’s inevitable! 
 

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