Governor Hochul Updates New Yorkers on State's Progress Combating COVID-19 - FEBRUARY 3, 2022

Lowest Total COVID Hospitalizations Since December 27

7-Day Average of Cases Continues to Decline in All Regions

114 COVID-19 Deaths Statewide Yesterday

 Governor Kathy Hochul today updated New Yorkers on the state's progress combating COVID-19.

"The steady decline in hospitalizations and cases should motivate all New Yorkers to continue to do the right thing and take the necessary precautions to keep our communities safe and healthy," Governor Hochul said. "Vaccines are safe, effective, and the best way to prevent serious illness from COVID-19. If you haven't yet, get vaccinated as soon as you can. Encourage your family members, friends, and especially your children to get the vaccine as well."

Today's data is summarized briefly below:

• Test Results Reported - 191,908
• Total Positive - 9,418
• Percent Positive - 4.91%
• 7-Day Average Percent Positive - 5.51%
• Patient Hospitalization - 6,177 (-451)
• Patients Newly Admitted - 689
• Patients in ICU - 995 (-99)
• Patients in ICU with Intubation - 563 (-78)
• Total Discharges - 274,754 (+958)
• New deaths reported by healthcare facilities through HERDS - 114
• Total deaths reported by healthcare facilities through HERDS - 53,345

The Health Electronic Response Data System is a NYS DOH data source that collects confirmed daily death data as reported by hospitals, nursing homes and adult care facilities only.

• Total deaths reported to and compiled by the CDC - 66,683

This daily COVID-19 provisional death certificate data reported by NYS DOH and NYC to the CDC includes those who died in any location, including hospitals, nursing homes, adult care facilities, at home, in hospice and other settings.

• Total vaccine doses administered - 36,040,611
• Total vaccine doses administered over past 24 hours - 52,933
• Total vaccine doses administered over past 7 days - 344,379
• Percent of New Yorkers ages 18 and older with at least one vaccine dose - 91.0%
• Percent of New Yorkers ages 18 and older with completed vaccine series - 82.1%
• Percent of New Yorkers ages 18 and older with at least one vaccine dose (CDC) - 95.0%
• Percent of New Yorkers ages 18 and older with completed vaccine series (CDC) - 84.7%
• Percent of New Yorkers ages 12-17 with at least one vaccine dose (CDC) - 80.1%
• Percent of New Yorkers ages 12-17 with completed vaccine series (CDC) - 69.7%
• Percent of all New Yorkers with at least one vaccine dose - 80.3%
• Percent of all New Yorkers with completed vaccine series - 72.0%
• Percent of all New Yorkers with at least one vaccine dose (CDC) - 87.7%
• Percent of all New Yorkers with completed vaccine series (CDC) - 74.3% 

Rep. Jamaal Bowman Issues Statement on Gun Violence

 

 “Gun violence is an epidemic of catastrophic proportions that is taking our loved ones, our youth, and our neighbors too soon, and we must address it through meaningful and holistic solutions that put the needs of our people first,” said Congressman Jamaal Bowman. “Just last week, our community grieved the loss of a 16-year-old boy who passed away after being shot multiple times and it is impossible to understand why more hasn’t been done to prevent these tragedies. This latest instance took a young life too soon, but we have members of our community, of all ages, who work to keep us healthy, keep us safe, help to put food on our tables, educate our youth, run our public transit systems, and so much more — who could find themselves impacted by this crisis. The reality is that gun violence can affect any one of us; it does not only affect one type of person or one type of community. This is a public health crisis and should be treated as such.”

 

“In order to prevent gun violence, we must address its root causes: poverty, housing and food insecurity, income inequality, under-resourced public services, under-funded schools and early childhood education programs, and a feeling of despair and hopelessness that too often leads people to pick up a gun that was too easy to access,” added Congressman Jamaal Bowman. “To actually end this crisis, we need to put forward holistic and meaningful solutions that aren’t just a band-aid on an open wound. We need to think strategically and creatively to put forward new and bold community based initiatives that will keep our people safe because too many lives have already been lost. Anything else falls short of what it will take to actually end the gun violence epidemic once and for all. On top of localized and coordinated centers to disperse resources and holistically address gun violence in our communities, I ask President Biden, Mayor Adams, and all of my colleagues to join me in urging Republicans in the U.S. Senate to join their Democratic colleagues who are ready to pass H.R. 8 and H.R. 1446 — two bills that would make firearms harder to get by instituting new background check requirements to address the dangers and prevalence of ghost guns and gun trafficking.”

 

NYC EMERGENCY MANAGEMENT ISSUES TRAVEL ADVISORY FOR FRIDAY, FEBRUARY 4 INTO SATURDAY, FEBRUARY 5

 

Heavy rain and sleet are expected during the morning and evening commutes with dangerous icy conditions on the roads

 

Alternate Side Parking Regulations are suspended through February 5 

 The New York City Emergency Management Department today issued a travel advisory for Friday, February 4 into Saturday, February 5. The National Weather Service has issued a Winter Weather Advisory for New York City in effect from 8 a.m. to 7 p.m. Friday. According to the latest forecast, a low-pressure system and its associated cold front will bring freezing rain and sleet to the area beginning early Friday morning, before tapering off in the evening. In addition, periods of moderate rain are likely this afternoon and overnight, producing 1.5 to 2.0 inches of total rainfall through the end of the event. Any areas with standing water will also re-freeze tomorrow afternoon and evening. This, combined with the freezing rain, will create icy conditions on the road into Saturday.

  

“We are still in the midst of the winter season, and this latest weather event will bring freezing rain and a wintry mix to our area this week. Freezing rain will impact the morning and evening commute, and we encourage New Yorkers to make adjustments to their travel plans,” said NYC Emergency Management Acting Commissioner Christina Farrell. “We encourage all New Yorkers to use mass transit, allow for extra travel time, and exercise caution.”  

 

“New Yorkers should be aware of rapidly changing weather conditions over the next two days, and DOT’s crews will be responding by pre-treating bridges, overpasses and step streets while also clearing catch basins -- and supplementing that work with icicle and pothole patrols on our roadways,” said NYC Department of Transportation Commissioner Ydanis Rodriguez.  “We will be working closely with our agency partners at DSNY and NYCEM throughout this weather event.  The safest choice on the roads during these potentially dangerous conditions will be to avoid driving altogether.  If you need to travel, please use mass transit.”

   

“We are expecting fast-changing conditions on Friday, as temperatures drop rapidly. Even after last week’s foot of snow, DSNY is ready to go, and asks all New Yorkers to stay off the roads and give space for our teams to spread salt and do the rest of their important work getting the city moving,” said Edward Grayson, Commissioner of the New York City Department of Sanitation.

 

The City’s Sanitation Department is pre-deploying salt spreaders to pretreat roadways ahead of the first snowflake and will dispatch more than 2,000 plows when more than two inches of snow accumulates. 

  

Safety Tips  

  

• Allow for extra travel time. New Yorkers are urged to use public transportation.  
• If you must drive, drive slowly. Use major streets or highways for travel whenever possible.  
• Vehicles take longer to stop on snow and ice than on dry pavement. 
• Pedestrians should exercise caution and avoid slippery surfaces; some ice may not be visible. Wear sturdy boots that provide traction to reduce slipping. Use handrails when using stairs.  
• Take care when walking on snow and ice, especially if you are an older adult. Older adults should take extra care outdoors to avoid slips and falls from icy conditions.  
• Have heightened awareness of cars, particularly when approaching or crossing intersections. 
• Wear layers including a hat, gloves/mittens, and a scarf to stay protected from the cold. And keep clothes and shoes dry, if a layer becomes wet, remove it.
• Keep fingertips, earlobes, and noses covered if you go outside. 

For more safety tips, visit NYC.gov/SevereWeather. Before and during an emergency, the City will send emergency alerts and updates to New Yorkers through various channels including Notify NYC, the City's free emergency notification system. Through Notify NYC, New Yorkers can receive phone calls, text messages, and/or emails alerts about traffic and transit disruptions and other emergencies. Sign up for Notify NYC to receive free emergency alerts and updates in your preferred language by visiting NYC.gov/NotifyNYC, calling 311 (212-639-9675 for Video Relay Service, or TTY: 212-504-4115), following @NotifyNYC on Twitter, or getting the free Notify NYC mobile application for your Apple or Android device.  

  

NYC PUBLIC ADVOCATE’S STATEMENT ON PRESIDENT BIDEN’S VISIT TO NEW YORK CITY TO DISCUSS PUBLIC SAFETY

 

 "I’m grateful that the president is prioritizing public safety and the gun violence epidemic. I was glad to have the opportunity to briefly share my perspective and plan for public safety with him, one built on over a decade of community engagement and moving from proposals, to pilots, to programs that have become an essential part of our city’s efforts and a model for the nation. It was encouraging to hear him discuss some of these issues in a way many of us have for years, often facing resistance. 

"It sends an important signal for the president to use this visit to meet not only with law enforcement, but with community organizations doing the work on the ground of preventing violence and saving lives. Now, we must go beyond the signal, and move quickly to structuralize these strategies and fully integrate these programs and philosophy into the work of redefining public safety. Last year, the White House committed crucial, first-of-its-kind funding to community-centered violence prevention, and that commitment must continue and grow. Collaboration across city, state, and federal government is vital to address both prevention of violence on the streets and prevention of the trafficking that bring guns to communities.

"We know which strategies can work to keep communities safe, and which approaches helped to bring crime to historic lows prior to the pandemic in spite of resistance and fearmongering. As we face a real, tragic increase in violence now, it is essential that we learn the lessons of the past and advance a model of public safety where everyone has a role to play in violence prevention and we work to address its root causes in communities. With executives on the city, state, and federal level appearing to value and validate this approach, I am hopeful that we can all move forward together in protecting, promoting, and producing true public safety."

U.S. Attorney Announces $12.9 Million Settlement With The Door For Submitting Fraudulent Cost Reports

 

The Door Falsely Inflated the Number of Visits to its Facility on Cost Reports in Order to Fraudulently Receive More Reimbursement Money from the Indigent Care Pool

 Damian Williams, the United States Attorney for the Southern District of New York, and Scott J. Lampert, Special Agent in Charge of the U.S. Department of Health and Human Services Office of Inspector General (“HHS-OIG”) New York Regional Office, announced today that the United States filed and settled a civil fraud lawsuit against THE DOOR—A CENTER OF ALTERNATIVES (“The Door” or “Defendant”). The Government’s Complaint-in-Intervention (the “Complaint”) alleges that The Door, a healthcare provider in New York City, violated the False Claims Act by fraudulently overreporting the number of visits to its healthcare facility.  This overreporting resulted in The Door receiving excessive funding from the Indigent Care Pool, which is a program funded by both the federal government and New York State, that reimburses certain healthcare providers for uncompensated care rendered to low-income New Yorkers.

Under the settlement, approved by U.S. District Judge Alvin K. Hellerstein, The Door will pay $2,725,514.51 to the United States and has admitted and accepted responsibility for conduct alleged by the Government in the Complaint as further described below.  The Door has also agreed to pay $10,222,297.89 to the State of New York to resolve the State’s claims, for a total recovery of $12,947,812.40.

U.S. Attorney Damian Williams said: “This Office will remain vigilant in protecting public funds that are designated to help low-income New Yorkers.  The Indigent Care Pool is a limited source of funding meant to be shared among healthcare providers throughout New York State in order to further the goal of providing healthcare to all who need it.  Through its misconduct, The Door received an excessive share of this funding at the expense of other healthcare providers that were similarly trying to provide services to low-income New Yorkers, and has now been held to account.”   

HHS-OIG Special Agent in Charge Scott Lampert said: “Healthcare providers must be held to a high standard of ethical behavior. We will continue to ensure that those individuals and entities that receive funding from the federal government and/or the State of New York to care for low-income individuals operate in an honest manner.”

As described in the Complaint, The Door was required to report the number of threshold visits (“Threshold Visits”) to its facility on cost reports (“Cost Reports”) annually filed with the New York State Department of Health (“DOH”).  This metric determined, in large part, the amount of funding that The Door received from the Indigent Care Pool.  A Threshold Visit is defined, by regulation, as occurring “each time a patient crosses the threshold of a facility to receive medical care without regard to the number of services provided during that visit.”

From 2009 to 2016 (the “Covered Period”), The Door falsely reported the number of Threshold Visits to its facility, thereby causing it to receive excessive funding from the Indigent Care Pool.  Specifically, instead of reporting the number of times a patient crossed the threshold to its facility, The Door based its reporting of Threshold Visits on the number of services provided to the patient during a given visit, thus leading to an inflated number of Threshold Visits.  As a result, The Door received substantial funding from the Indigent Care Pool to which it was not entitled.

As part of the settlement, The Door admits, acknowledges, and accepts responsibility for the following conduct: 

• During the Covered Period, The Door maintained multiple, internal versions of the Cost Reports.  One version reflected an accurate accounting of the Threshold Visit statistic, while other versions reflected an inaccurate accounting of the Threshold Visit statistic because they reported multiple services provided during a given visit.
• The Door was aware of the definition of Threshold Visits contained in the Cost Report instructions and 10 NYCRR § 86-4.9(b), which permitted The Door to count only one Threshold Visit each time a patient crossed its threshold to obtain medical care, regardless of the number of services the patient may have received during that visit. 
• On December 4, 2014, The Door’s then-serving Chief Financial Officer (who served in this capacity throughout the Covered Period) sent an email to a data analyst employed by The Door noting that Threshold Visits must be counted based upon the number of visits to the facility, not based upon the number of services provided during a visit or the number of visits unduplicated by individual cost center. 
• During the Covered Period, by submitting Cost Reports to DOH that calculated the number of Threshold Visits based on the number of services provided during a given visit, rather than the number of times the patient crossed the threshold to the facility, The Door caused the Indigent Care Pool to pay funds to The Door to which it was not entitled. 

Governor Hochul Announces $76.4 Million in Freight Rail Infrastructure Investments

 

State Funding Provided to Enhance Safety, Improve Service Reliability and Support Regional Economic Development

Moving Commodities by Rail Reduces Greenhouse Gas Emissions and Alleviates Highway Congestion in Support of New York’s Nation Leading Climate Goals

Full List of Awarded Projects by Region Available Here

 Governor Kathy Hochul today announced $76.4 million in funding for 38 projects to renew and modernize New York’s freight rail infrastructure. These 100 percent State funded grants complement the more than $100 million annually in private infrastructure investments made in New York by the freight rail industry. Strategic investments in freight rail improvements are essential for maintaining and enhancing market access for manufacturing and agricultural businesses across the State, including Alcoa in the North Country Region, Corning in the Southern Tier Region, and Lackawanna Products in the Western New York Region.

"The infrastructure projects funded with these grants will further fuel our economic comeback with new construction jobs, while making regional economies more competitive in the long term and enhancing the movement of commodities in an environmentally sustainable way," said Governor Hochul. “As New York leads the nation in its efforts to combat climate change, we will continue to prioritize funding for initiatives that promote economic growth in a responsible manner while mitigating threats to our environment.”  

The Passenger and Freight Rail Assistance Program, administered by the New York State Department of Transportation, supports investments that enhance the safe movement of freight goods, improves service reliability to retain and grow manufacturing jobs, and supports economic development, especially upstate. Today’s announcement provides funding for track and bridge rehabilitation, capacity expansion, procurement of cleaner rail equipment, and the modernization and expansion of rail infrastructure in freight yards and at seaport facilities.

Today’s strategic investments in freight rail also serve to support New York’s nation leading climate goals. Freight rail has proven to be one the most fuel-efficient methods for moving commerce and is more than three-times more efficient compared to goods movement by truck. A single freight rail train removes several hundred trucks from our roadways, mitigating congestion and harmful greenhouse gas emissions.

New York State Department of Transportation Commissioner Marie Therese Dominguez said, "Under Governor Hochul’s leadership, New York continues to make smart investments in infrastructure to facilitate economic recovery and growth. These targeted investments in rail will keep well-paying manufacturing jobs in upstate New York and ensure that goods are delivered efficiently, and in an environmentally sustainable manner.”

Charles Hunter, President, Railroads of New York said, “Railroads of New York (RONY) wishes to thank Governor Hochul, our partners in the State Legislature, and the Department of Transportation for providing these essential funds. This investment will help our state’s railroads maintain and expand upon a safe, reliable, environmentally-friendly rail network that allows New York State businesses to realize the tremendous competitive advantage freight rail service provides in transporting goods all across North America.”

A full list of awarded of the projects by region is available here.

PRESIDENT BIDEN AND MAYOR ADAMS DELIVER RESOURCES TO TACKLE NEW YORK CITY’S GUN VIOLENCE CRISIS

 

New Initiatives and Resources Will Help Get Guns off the Street in New York City and Cut off the “Iron Pipeline”

 

Federal Government Will Scale up and Expand Innovative Public Safety and Community Policing Work Pioneered in New York City

 New York City Mayor Eric Adams was today joined by President Joseph Biden to announce a series of new initiatives and a major commitment of federal resources dedicated to tackling the gun violence crisis plaguing New York City and other communities across the country. President Biden committed that the federal government would focus law enforcement resources on cutting off gun trafficking and the “Iron Pipeline,” while scaling up innovative models pioneered in New York City to get guns off the street and stop violent crime.

 

“I came to the president with a bold agenda, and together we are delivering the safety New Yorkers and Americans need and deserve,” said Mayor Adams. “It’s true in New York, and it’s true across the country: There is no prosperity without public safety. We must and we will break the iron pipeline, get guns off the street, and lift our communities up. Thanks to President Biden, the cavalry has arrived, and we will tackle the gun violence epidemic head on to build a safer, stronger city.”

 

“Mayor Adams, you say that gun violence is a sea fed by many rivers,” President Biden said at today’s meeting. “Well, I put forward a plan to dam up some of those streams. You can count on me to be a partner in that effort.”

 

President Biden added, “Mayor Adams, you and I agree: The answer is not to abandon our streets — that’s not the answer. The answer is to come together, police and communities, building trust and making us all safer.”

 

“Today, in addition to visiting NYPD headquarters and pledging support to the men and women of law enforcement, the president committed to substantive action,” said New York City Police Commissioner Keechant Sewell. “From creating a gun trafficking strike force here in New York City, to launching a National Ghost Gun Enforcement Initiative, to cracking down on the “Iron Pipeline,” these efforts are essential to our intelligence-driven approach to eradicating gun violence on New York City streets. There is a need for all of us — law enforcement, elected officials, community leaders, clergy, and the public — to join together to rebalance justice with fairness. The time for action is now to ensure a safe city for our children, neighbors, and brave police officers.”

 

The White House and U.S. Department of Justice (DOJ) announced a set of important new actions to stem the flow of firearms used to commit violence and support local law enforcement partners’ efforts to combat gun violence. DOJ will:

 

• Direct U.S. Attorney’s Offices nationwide to increase resources dedicated to local violent crime strategies. President Biden highlighted New York City’s Gun Violence Strategic Partnership, which he visited with Mayor Adams today, as a model of the strategies DOJ will help expand nationwide;

 

• Crack down on the “Iron Pipeline” — the illegal flow of guns sold in the south, transported up the East Coast, and found at crime scenes in New York City and elsewhere — and other firearms trafficking by adding personnel and other resources to multi-jurisdictional task forces targeting interstate firearms trafficking;

 

• Launch a National Ghost Gun Enforcement Initiative to train prosecutors and disseminate investigation and prosecution tools to help bring cases against those who use ghost guns to commit crimes; and

 

• Pursue unlawful gun sellers that put firearms in the wrong hands by taking steps such as prioritizing federal prosecutions of those who criminally sell or transfer firearms used in violent crimes, including unlicensed dealers who sell guns to criminals without the required background checks.

 

President Biden also highlighted New York City as a national model for tackling gun violence and called on Congress to approve an additional $500 million nationwide in resources for community intervention, government partnerships, and assistance to local law enforcement.

 

Former Head Of Bolivian Anti-Narcotics Agency Charged With Cocaine Importation And Firearms Offenses

 

 Damian Williams, the United States Attorney for the Southern District of New York, and Anne Milgram, the Administrator of the U.S. Drug Enforcement Administration (“DEA”), announced that charges have been unsealed in Manhattan federal court against MAXIMILIANO DAVILA-PEREZ for conspiring to import cocaine into the United States and a related weapons offense involving conspiring to use and possess machineguns.  The defendant is currently detained in Bolivia.  The case is assigned to U.S. District Court Judge Denise L. Cote.

The U.S. Department of State, through its Narcotics Rewards Program, is offering a reward of up to $5,000,000 for information leading to the conviction of DAVILA-PEREZ.  Anyone with information that may lead to the conviction of DAVILA-PEREZ can email the DEA at Bolivia.Tips@usdoj.gov, or message the DEA at 1-202-480-9038 using text message or WhatsApp.

U.S. Attorney Williams said:  “As alleged, Davila-Perez, a former senior Bolivian government official, was entrusted with leading Bolivia’s anti-narcotics agency.  Instead of rooting out drug trafficking in that country, Davila-Perez worked in partnership with Bolivian drug labs and sought to send more than a thousand kilograms of cocaine to the United States.  Davila-Perez further abused his position by using Bolivian law enforcement officers, armed with machineguns, to guard and transport cocaine shipments.  This Office and the DEA will not stand idly by while corrupt officials in Bolivia seek to import poison into the United States.”

DEA Administrator Anne Milgram said:  “Today’s announcement of charges against Maximiliano Davila-Perez and his designation under the U.S. Department of State’s Narcotics Rewards Program reaffirm our commitment to bring anyone who acts to threaten the safety and health of Americans to justice.  Davila-Perez is alleged to have betrayed his oath to combat dangerous drugs and the violence associated with drug trafficking, and used his position to further his own criminal activities.  I am grateful to the DEA agents who relentlessly pursued the investigation. Today’s announcement should serve as a reminder to anyone who threatens the safety and well-being of Americans, that DEA stands at the ready to protect our communities.”

According to the Superseding Indictment and court filings in this case:[1]

DAVILA-PEREZ was previously the Director of Bolivia’s chief anti-narcotics law enforcement agency, Fuerza Especial de Lucha Contra el Narcotráfico (“FELCN”).  As part of the conspiracies charged in the Superseding Indictment, DAVILA-PEREZ exploited his official position at FELCN to secure access to Bolivian airfields for cocaine transport and to arrange for members of Bolivian law enforcement under his command—including individuals armed with machineguns—to provide protection for those drug loads. DAVILA-PEREZ also worked in partnership with large-scale cocaine suppliers who operate cocaine labs in Bolivia, and agreed to ship more than a thousand kilograms of Bolivian cocaine to New York.

DAVILA-PEREZ, 57, is charged with:  (1) conspiring to import cocaine into the United States; and (2) conspiring to use and carry machineguns during, and to possess machineguns in furtherance of, the cocaine importation conspiracy.  If convicted, DAVILA-PEREZ faces a mandatory minimum sentence of 10 years in prison and a maximum term of life in prison on Count One, and a maximum term of life in prison on Count Two.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.  

Mr. Williams praised the outstanding efforts of the Special Operations Division of the DEA Bilateral Investigations Unit, and the U.S. Department of Justice’s Office of International Affairs for their ongoing assistance.

The charges in the Superseding Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment, and the description of the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.