New York City Health and Hospital Corporation Bronx Annual Public Meeting

 

The 2023 Bronx Annual Meeting of the New York Health and Hospitals Corporation took place at Jacobi Hospital Tuesday May 16th. The Health and Hospitals Corporation was set up in 1969 by the New York State legislature to replace the city's Department of Hospitals in operating city hospitals and other health care facilities. HHC was formed as a Quasi Public agency to enable it to benefit from private revenues and funding. 

The meeting began a few minutes late as the President of the HHC Dr. Katz was held up in traffic coming to the meeting. Dr. Katz said it was his sixth year as head of the HHC, as he spoke about COVID and Mpox going into taking care of asylum seekers now. The HHC met major goals that were set including fifteen thousand Mpox vaccinations and plant based lunches and dinners as an option. The HHC runs eleven full service hospitals in four boroughs, five Long Term Care facilities in four boroughs, and thirty Gotham Health Centers in all five boroughs. 

After Dr. Katz finished public speakers were called up to speak. The majority of speakers most of whom live in the surrounding area of Jacobi Hospital all spoke against the Just Home proposal to house people currently incarcerated in Rikers Island that may have medical needs as minute as Diabetes live in studio apartments on the Jacobi Hospital campus. Community Board 11 Vice-Chair Al  D'Angelo said that the community board overwhelmingly voted against the Just Home proposal. Other members of the community spoke of the fear of having people and gang members indicted of major crimes currently detained in jail awaiting trial of possibly living next to them without any restraints and being allowed to go into the community as they are. Several nurses at Jacobi and other HHC hospitals spoke about the low wages there are paid, staff shortages of 25% or more which for HHC to pay travel nurses almost twice the salary of HHC nurses to fill the nurse shortage gap, and other staff problems. Only a couple of people spoke in favor of the Just Home proposal at Jacobi Hospital, and they do not live in the surrounding area of Jacobi Hospital.

The Health and Hospitals Corporation Board sat up on the stage of the Jacobi Hospital Rotunda auditorium. (L - R) Colleague Hercules Secretary, Andrea Cohen Senior VP and Counsel, Dr. Melvin Katz President, Jose Pagan Chairman, Bob Nolan Bronx Borough President member, Sally Hernandez Board member, Jackie Rowe Adams Board Member.

Mr. Al D'Angelo President of the Morris Park Community Association and Vice Chair of Community Board 11 said that Community Board 11 overwhelmingly voted against the Just Home proposal at Jacobi Hospital.

Indian Village resident Phyllis Bastelone whose family has lived in the community since 1930 said she is against the Just Home proposal and said that she would like to see senior housing in Building two on the Jacobi Campus. 

Patti Marabello another resident of Indian Village spoke of the lawsuits Jacobi Hospital has had to settle and the need for money by the HHC. She added that the Department of Corrections Commissioner has said the majority of detainees indicted at Rikers Island are gang members that she does not want to see come into the area.

Kristy Marormato another resident of Indian Village and City Council candidate also spoke against the siting of Just Home at Jacobi Hospital and said she had 2951 signatures on a petition against the Just Home proposal on the floor next to her. 

Kristy Marormato holds the 2951 signatures against the Just Home proposal at Jacobi Hospital.

Irene Estrada another City Council candidate took the opportunity to go after the incumbent councilwoman Marjorie Velazquez telling people not to vote for the current councilwoman.

Samantha Zherka another City Council candidate took the opportunity to turn to the audience to go after the Bronx Republican Party chair saying he is not putting up candidates against the Democratic Party. Ms. Zherka was the Republican Party candidate for the 34th State Senate District in 2022, and is involved in a three way Republican primary for the 13th City Council seat. 

Sharlene Jackson-Mendez the current President of the Van Nest Neighborhood Alliance spoke against the Just Home project suggesting other uses for Building #2 at Jacobi Hospital.

Sonia Lawrence RN President of H & H and Mayors Executive Council of Nurses spoke about the staffing shortages and low pay for HHC nurses. She mentioned that there is twenty-five percent of the nurses at HHC hospitals who are Traveling Nurses and are getting paid twice the amount of HHC nurses which has cost one hundred and ninety-seven dollars in the first quarter of 2023.

A nurse from North Central Bronx Hospital echos what Nurse Lawrence had said.

Bloods Gang Member Convicted Of Witness Tampering

 

Defendant Sir Murray Found Guilty of Threatening, Intimidating, and Attempting to Bribe Sex Trafficking Victim Who Testified at Prior Trial of Fellow Bloods Gang Member

 Damian Williams, the United States Attorney for the Southern District of New York, announced today’s conviction in federal court of SIR MURRAY for witness tampering and conspiracy to commit witness tampering.  MURRAY threatened, intimidated, and offered bribes to a sex trafficking victim for the purpose of inducing her to recant testimony she gave in a prior trial against a sex trafficker.  The jury convicted MURRAY today following a three-day trial before U.S. District Judge Lorna G. Schofield.

According to the Indictment, documents filed previously in the case, and the evidence admitted at trial:

In fall 2021, MURRAY agreed with Justin Rivera, who was convicted of conspiracy to commit sex trafficking following a trial in the Southern District of New York in June 2021, to tamper with a victim (“Victim-1”) who testified at Rivera’s trial.  MURRAY offered Victim-1 bribes, intimidated her, and threatened her for the purpose of persuading her to recant her testimony.  In executing the plan, MURRAY directly contacted Rivera, who was in custody, exclusively through a contraband cellphone that Rivera maintained where he was in custody. 

MURRAY and Rivera are both members of the Bloods street gang, and in his communications with Victim-1, MURRAY offered Victim-1 payment from “every Blood in [Long Island]” in exchange for Victim-1 recanting her testimony.  MURRAY also sent Victim-1 multiple written messages containing veiled threats stating that MURRAY had done an “investigation” of Victim-1, knew where she lived, and knew that Victim-1 had a “beautiful son.” 

MURRAY’s co-conspirator, Rivera, was convicted of one count of conspiracy to commit sex trafficking following a trial in June 2021 before U.S. District Judge Paul A. Engelmayer.  In October 2022, Judge Engelmayer sentenced Rivera to a prison term of 21 years.  Having considered much of the same evidence presented to the jury at MURRAY’s trial, Judge Engelmayer stated at Rivera’s sentencing that “the facts . . . set out a blatant instance of post-trial witness tampering” that “was transparently aimed at subverting a justly returned conviction.” 

MURRAY, 31, of Suffolk County, New York, was convicted of one count of witness tampering in connection with a criminal case and one count of conspiring to do the same.  The maximum sentence on both counts is life in prison.  

The maximum sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.  MURRAY is scheduled to be sentenced on September 18, 2023.

Mr. Williams praised the outstanding work of the Suffolk County Police Department and the Federal Bureau of Investigation’s Child Exploitation and Human Trafficking Task Force. 

Bronx Chamber of Commerce - You had me at beer.

 

Register - Click Here

Join the Bronx Chamber of Commerce, New York City Department of Small Business Services, maker businesses, brewers, and distillers for an evening of networking, conversation, happy hour cocktails, and bites in the Port Morris Industrial Business Zone at Bronx Brewery with food by Empanology. The evening brings together the Bronx business community and highlights the maker, industrial, and crafting community in the Bronx in the heart of one the Bronx's oldest industrial areas with a rich history dating back to the Morris family. The evening will also showcase The Bronx Chamber of Commerce's Minority / Women Business Enterprise program and how The Bronx Chamber can assist in procurement and bringing your business to scale. Bring your business cards or e-cards - this networking event is not to be missed!

For the complete Bronx Chamber Events Calendar, featuring educational workshops, networking events and other opportunities hosted by the Chamber, its members, & partners, please visit and bookmark our website events calendar link in your browser - new events are added weekly!

MAYOR ADAMS, DOT COMMISSIONER RODRIGUEZ KICK OFF REDESIGN OF GUN HILL ROAD TO SPEED UP COMMUTES, IMPROVE SAFETY

 

One of Adams Administration’s Longest Bus Priority Projects, Project Will Accelerate Commutes for 40,000 Daily Bus Riders and Improve Connections to Subways, Jobs, and Health Care

 

Project Will Add More Than Three Miles of Camera-Enforced Bus Lanes, Safety Improvements Like Shorter Crossings and Traffic Calming at More Than 20 Intersections Along Vision Zero Priority Corridor

 

Administration Delivered Faster, More Reliable Service for 400,000 Daily Bus Riders in 2022

New York City Mayor Eric Adams and New York City Department of Transportation (DOT) Commissioner Ydanis Rodriguez today announced the start of construction on the Gun Hill Road Bus Priority and Safety project in the Bronx, which will deliver faster and more reliable service for 40,000 daily bus riders and safer streets along a Vision Zero Priority Corridor. As part of the project, DOT will redesign more than 20 intersections to expand pedestrian safety, shorten crossings, and calm traffic along one of the most dangerous stretches in the borough.

 

At more than three miles, the Gun Hill Road Bus Priority and Safety project is one of the largest bus priority projects under the Adams administration. It builds on the administration’s successful work in 2022 to improve the lives of 400,000 daily bus riders with faster and more reliable service. The project also builds on the administration’s commitment to developing innovative tools to manage curb access, as outlined in the “Making New York Work for Everyone” action plan developed by the “New” New York panel that Mayor Adams and New York Governor Kathy Hochul convened last year.

 

“Bronxites deserve safer streets and faster commutes, and that’s exactly what our administration is delivering with the Gun Hill Road Bus Priority and Safety project,” said Mayor Adams. “The data is clear: This is one of the most dangerous streets in the Bronx, and these improvements will reverse the course we are on. With this project, we are following the data to deliver a safer, more prosperous, more equitable New York City.”

 

“Part of ‘Getting Stuff Done’ means getting stuff moving. It is our responsibility to make sure New Yorkers can get around the city quickly, safely, and on time,” said Deputy Mayor for Operations Meera Joshi. “Our partnership with the MTA on the bus routes benefits millions of New Yorkers each and every day. The Gun Hill Road Bus project is a massive win for the Bronx community. Thank you, DOT, for keeping New York City moving.”

 

“This redesign will make Gun Hill Road a safer, more efficient corridor — speeding up the commutes for 40,000 daily bus riders while improving access to local businesses, job centers, and health institutions,” said DOT Commissioner Rodriguez. “Through the Adams administration’s commitment to equity, Gun Hill Road is an example of one of many great, lifesaving projects we are delivering this year to ensure Bronxites have access to reliable transit and safe streets. We thank the MTA for their partnership, and we will be closely monitoring traffic during the construction along the corridor.”

 

“We are excited to be working with DOT on this project to help buses move faster on Gun Hill Road,” said Frank Annicaro, vice president for buses, New York City Transit. “New York City Transit serves thousands of customers daily on the Bx28 and Bx38 routes on Gun Hill Road, connecting Bronx residents to Montefiore Hospital, four different subway lines, several north-south bus routes, and Metro-North. Having new bus lanes and boarding islands will get customers where they are going more quickly and reliably.”

 

The concrete bus boarding island and street redesign planned for the section of Gun Hill Road between Hull Avenue and Webster Avenue. Credit: DOT

 

The Route

 

Gun Hill Road serves 40,000 daily bus riders across the Bx28 and Bx38 routes — connecting to other local buses and the 2, 4, 5, and D subway lines. The route also connects to anchor community institutions, residential centers, and commercial hubs — including Montefiore and North Central Bronx hospitals, Co-Op City, the Jerome-Gun Hill shopping district, and The Mall at Bay Plaza. New bus-only lanes and turn bays will help bus riders cut through congestion and double parking, which has slowed buses to less than five m.p.h. during peak commuting times.

 

This section of Gun Hill Road is a Vision Zero Priority Corridor and features a per-mile rate of deaths and serious injuries within the top 10 percent of corridors in the borough. On average, roughly five people are injured every week in crashes on Gun Hill Road. The redesign will add painted or concrete curb extensions at 25 intersections, discourage speeding, improve visibility between drivers and pedestrians, and help prevent dangerous wide-angle turns.

 

Bus Lane Design

 

DOT worked with community partners to develop a unique design for the Gun Hill Road bus lane, from Bainbridge Avenue to Bartow Avenue, to ensure businesses can receive deliveries without blocking bus lanes. The design features new loading zones and metered parking as well as 3.1 miles of offset (next to the parking lane), center-running, and curbside bus lanes — which will be enforced with both DOT’s stationary and MTA’s bus-mounted cameras. Camera enforcement brings a $50 fine for the first offense, with escalating fines up to $250 for a driver who receives more than four violations in a 12-month period.

 

At two locations, DOT will install concrete, block-long bus boarding islands that allow passengers to quickly and safely board buses. This design will separate the bus lanes from general traffic, making it safer to cross the street, while also improving bus speed and reliability. The islands will be located between Hull and Decatur Avenues as well as between Tryon Avenue and Kings College Place.

 

Outreach and Implementation

 

The project is the culmination of extensive public outreach, with more than two dozen meetings held with community members. Work will begin today on Gun Hill Road between Webster Avenue and Bainbridge Avenue, with work on the rest of the corridor to begin soon thereafter.

 

During implementation, DOT will maintain a travel lane in each direction and access to each block. Construction will be most disruptive between the Bronx River Parkway and Bainbridge Avenue, from now through June, and DOT advises drivers to seek alternate routes around this area during construction. The remainder of construction will be less disruptive and will continue through early fall. DOT will monitor the corridor during and after implementation and adjust as needed to improve traffic flow.

 

“This transformative redesign of Gun Hill Road’s transportation infrastructure marks a milestone in our ongoing efforts to address long-standing concerns and create a safer, more accessible, and efficient transportation network for Bronxites along one of the most dangerous corridors in the borough," said New York State Senator Jamaal Bailey. "The Gun Hill Road Bus Priority and Safety project will not only deliver faster and more reliable service for 40,000 daily bus riders, but create safer streets by expanding pedestrian safety measures, shortening crossings, and implementing new traffic calming measures. I want to thank Mayor Eric Adams, Commissioner Ydanis Rodriguez, and the Department of Transportation for prioritizing this project and their commitment to engaging with the community throughout the planning process.”

 

“The Gun Hill Road redesign is an urban planning triumph. We will end the era of Gun Hill Road being in the top 10 percent of most dangerous streets in the Bronx, with an average of 5 injuries per week,” said New York State Assemblymember Jenifer Rajkumar. “Mayor Adams and Commissioner Rodriguez spoke to the community to create a redesign that improves safety and bus service while considering everyone’s needs. More than 20 intersections along this vital corridor will receive expanded pedestrian safety, shortened crossings, and traffic calming. The new bus lanes ensure that the Bx28/38 on-time rate will go from 65 percent to 100 percent, speeding the travel time for 40,000 riders. At the same time, we are integrating parking and loading zones into the redesign, allowing small businesses along the corridor to continue receiving deliveries and welcoming customers who drive. Under the mayor and commissioner, everyone will get improved safety and convenience, while reaching their destinations in a New York minute.”

"We are pleased that the mayor and Department of Transportation continue to move towards the goals of the streets plan for faster bus service and safer streets," said Natasha Elder, director of equity and resiliency projects, New York Public Interest Research Group. "Faster, reliable and accessible service will get more folks on public transportation. The installation of bus lanes on Gun Hill Road and throughout the city will improve bus speeds and decrease congestion along the corridor, while making strides to improve the city's overall public health and air quality."

EDITOR'S NOTE: 

We do not understand how the Mayor and NYC Department of Transportation Commissioner Ydanis Rodriguez asked Queens Assemblywoman Jenifer Rajkumar to comment on a Bronx road that runs through the Districts of Bronx Assembly members Carl Heastie, Jeffrey Dinowitz, and John Zaccaro Jr.? 

U.S. Settles Lawsuit Alleging That Bronx Nursing Home Paid Kickbacks For Patient Referrals And Switched Residents’ Healthcare Coverage Without Their Consent

 

Defendants, Including Former Nursing Home Administrator, Agree to Pay a Total of $3.46 Million

 Damian Williams, the United States Attorney for the Southern District of New York, and Naomi Gruchacz, the Special Agent in Charge of the New York Regional Office of the U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), announced today that the United States has filed and settled a civil fraud lawsuit alleging that MORRIS PARK NURSING HOME (“MORRIS PARK”), a skilled nursing facility located in the Bronx, New York, engaged in two fraudulent and illegal schemes that violated the False Claims Act and the Anti-Kickback Statute.  The first scheme involved cash payments made to a supervisor at a nearby hospital for patient referrals, and the second scheme involved switching residents’ Medicare coverage without their consent in order to increase the Medicare payments MORRIS PARK received.  The United States’ complaint also names as defendants TZODIK WEINBERG, a/k/a “Justin Weinberg,” MORRIS PARK’s former Administrator, and MAIER ARM for their roles in the fraudulent conduct.    

Under the settlement agreements approved by U.S. District Judge Jennifer H. Rearden, the estate of the owner of MORRIS PARK at the time of the conduct alleged in the Complaint will pay to the United States $2.85 million, WEINBERG will pay $495,000, and ARM will pay $115,000.  Each defendant also made extensive factual admissions regarding their conduct.  The settlement with the estate took into consideration MORRIS PARK’s prior voluntary self-disclosure of facts related to the improper changes made to residents’ insurance coverage. 

HHS-OIG Special Agent in Charge Naomi Gruchacz said: “The misconduct that occurred at Morris Park exhibits the prioritization of profits over residents’ best interests.  This nursing home paid illegal kickbacks to manipulate the resident referral process and changed patients’ health coverage selections without properly obtaining their consent, with no apparent concern for how these events could negatively impact residents.  HHS-OIG and our fellow law enforcement agencies strive to ensure that entities furnishing services to Medicare enrollees are operating in accordance with federal health care laws.”

Medicare beneficiaries may enroll in Medicare Parts A and B, known as Original Medicare, or in Medicare Part C Advantage Plans (“MA Plans”), which are administered by private companies that contract with the government.  Under Original Medicare, the Centers for Medicare & Medicaid Services (“CMS”) directly reimburses healthcare providers, like skilled nursing facilities, on a fee-for-service basis.  In contrast, when reimbursing services provided under MA Plans, CMS pays Medicare Advantage Organizations (“MAOs”), which operate the MA Plans, a fixed, capitated amount each month for each Medicare beneficiary enrolled in the MA Plan.  CMS advises individuals to consider various factors in deciding between enrolling in an MA Plan or Original Medicare, such as differences in out-of-pocket costs and doctor choice.

As alleged in the Complaint filed in Manhattan federal court:

It is well known within the skilled nursing facility industry that it is usually more profitable for the facility to admit residents enrolled in Original Medicare than in MA Plans.  The defendants engaged in two fraudulent and illegal schemes to increase the number of Original Medicare residents at MORRIS PARK.

Payment of Cash Kickbacks for Patient Referrals

From January 1, 2017, through December 31, 2019, MORRIS PARK offered and paid remuneration in the form of cash payments, meals, and sports tickets to a Jacobi discharge planning supervisor (the “Jacobi Manager”) to induce her to refer Original Medicare beneficiaries for admission to MORRIS PARK.  For much of this period, MORRIS PARK paid the Jacobi Manager $150 for each referred patient who was admitted to the facility.  WEINBERG was responsible for delivering the cash payments personally to the Jacobi Manager, often arranging to meet her at a CVS parking lot close to MORRIS PARK.  He regularly reached out to the Jacobi Manager to request patient referrals when MORRIS PARK had empty beds. 

MORRIS PARK paid the Jacobi Manager a total of approximately $5,000 to $10,000 for referring dozens of Original Medicare patients for admission to MORRIS PARK.  In addition, MORRIS PARK offered the Jacobi Manager tickets to Yankees games, invited her and her staff to a MORRIS PARK-sponsored holiday party, and frequently arranged for food to be delivered to her office.

Scheme to Switch Residents’ Medicare Coverage

From January 1, 2018, through December 31, 2019, MORRIS PARK, at the direction of WEINBERG, disenrolled residents from their self-selected MA Plans and enrolled them in Original Medicare without obtaining the consent of the residents or their authorized representatives.  WEINBERG pressured MORRIS PARK staff to disenroll residents from their MA Plans. 

MORRIS PARK staff approached residents, often at their bedside, to try to persuade them to switch their insurance coverage.  When talking to residents and their families, MORRIS PARK staff typically did not fully explain how the change to Original Medicare would impact the resident’s coverage, including potential changes to the resident’s co-payments and deductibles; the potential loss of supplemental coverage available under the resident’s MA Plan; any resulting change in the resident’s drug plan; or limitations on when the resident could re-enroll in the plan after leaving MORRIS PARK.  In most cases, the defendants switched residents’ insurance coverage without getting the residents or their family members to sign a consent form evidencing the resident’s consent to the insurance change.  In certain instances, at the direction of WEINBERG, MORRIS PARK staff offered to reduce or waive the co-payments that would be owed by residents under Original Medicare in order to try to persuade them to agree to disenroll from their MA Plan.   

In the summer of 2018, on WEINBERG’s recommendation, MORRIS PARK retained WEINBERG’s friend, ARM (who worked at another skilled nursing facility) to assist with the improper disenrollments.  MORRIS PARK paid ARM a $1,000 fee for each resident whom ARM helped to switch to Original Medicare.  ARM agreed to split this $1,000 fee with WEINBERG, so WEINBERG would pocket $500 for each resident who was disenrolled. 

The settlement with the estate of the owner of MORRIS PARK at the time of the misconduct includes the following admissions of conduct:

• During the period from 2017 through 2019, MORRIS PARK offered to make, and in fact made, cash payments to the Jacobi Manager for each Original Medicare patient referral that resulted in an admission to the facility.  For much of this period, the Jacobi Manager received the sum of $150 for each referral. 
• During the period from 2017 through 2019, MORRIS PARK admitted dozens of Medicare patients who were referred to the facility by Jacobi.
• In order to persuade residents to disenroll from their MA Plans, in many instances, MORRIS PARK staff did not fully explain to residents and their families how a switch to Original Medicare would affect the resident’s coverage, including potential changes to the resident’s co-payments and deductibles and the potential loss of supplemental coverage that was available under the resident’s MA Plan.  In some instances, MORRIS PARK staff offered inducements to residents or their family members to try to persuade them to agree to the disenrollment.  For example, at the direction of WEINBERG, staff sometimes offered to reduce or waive the co-payments that residents would be required to pay starting on the 21st day of their stay at the facility if they switched to Original Medicare. 
• In most cases, MORRIS PARK disenrolled residents from their MA Plans without obtaining from the resident or any family member a signed disenrollment form or any other document evidencing the resident’s consent to the insurance change.  In several instances, MORRIS PARK disenrolled residents even after the residents and/or their family members had indicated they did not want to switch their Medicare coverage.
• Starting in early 2019, MORRIS PARK paid WEINBERG monthly cash bonuses if the average number of Original Medicare residents at the facility was maintained at a certain level for a given month.  MORRIS PARK also paid bonuses to marketing and admissions staff members that were tied to the admission of new residents with Original Medicare.

As part of his settlement, WEINBERG admits, acknowledges, and accepts responsibility for the following conduct:  

• Starting sometime in 2017, WEINBERG was responsible for delivering the cash payments personally to the Jacobi Manager.  They texted to arrange a time and place to meet in person, often meeting at a CVS parking lot close to MORRIS PARK.  WEINBERG reached out to the Jacobi Manager on numerous occasions to ask for patient referrals so he could fill empty beds at MORRIS PARK.
• During his time at MORRIS PARK, WEINBERG sought to maximize the number of residents who were enrolled in Original Medicare. 
• Shortly after he became Administrator, WEINBERG directed MORRIS PARK’s staff to try to persuade many of the facility’s residents to disenroll from their MA Plans and to enroll in Original Medicare instead.  WEINBERG identified residents who were candidates for disenrollment and then pressured staff to take steps to switch those residents’ insurance coverage. 
• In the summer of 2018, WEINBERG contacted his friend, ARM, who worked full-time at another skilled nursing facility in the Bronx.  WEINBERG asked ARM to assist with the disenrollment process at MORRIS PARK.  MORRIS PARK reached an agreement with ARM under which MORRIS PARK would pay $1,000 to ARM for each MORRIS PARK resident whom ARM helped to disenroll from a Medicare Advantage Plan and enroll in Original Medicare.  WEINBERG and ARM agreed that they would split this $1,000 payment, so that WEINBERG would receive $500 for each resident disenrolled.  WEINBERG did not disclose this arrangement to MORRIS PARK.
• Once ARM was retained, the pace of disenrollments dramatically increased.  WEINBERG continued to exert significant pressure on MORRIS PARK staff to disenroll as many residents from Medicare Advantage Plans as possible.  In one instance in July 2019, WEINBERG directed the facility’s Financial Coordinator to disenroll a resident who clearly lacked the capacity to consent to a change in their insurance coverage.  The Financial Coordinator asked WEINBERG “[h]ow do we do a dis enrollment” when the resident “is not alert” and has no family.  WEINBERG responded: “We just do it.” 

As part of his settlement, ARM admits, acknowledges, and accepts responsibility for the following conduct:  

• ARM understood that MORRIS PARK would benefit from maximizing the number of residents who were enrolled in Original Medicare because the facility typically received a higher daily reimbursement rate for residents enrolled in Original Medicare as compared to MA Plans, and Original Medicare residents were often approved by Medicare for longer stays in the facility.  
• ARM reached an agreement under which MORRIS PARK would pay $1,000 to ARM for each MORRIS PARK resident whom ARM helped to disenroll from a MA Plan and enroll in Original Medicare.  WEINBERG asked ARM to split this $1,000 payment with him, so that WEINBERG would receive $500 for each resident disenrolled.  ARM agreed.  ARM did not disclose this arrangement to anyone else at MORRIS PARK.
• From August 2018 through December 2019, MORRIS PARK paid ARM $1,000 for each MORRIS PARK resident who was disenrolled from their MA Plan and enrolled in Original Medicare.  
• Although ARM usually relied on MORRIS PARK staff to obtain and document the resident’s consent, he did not confirm that the resident had actually consented or signed the disenrollment form before processing the disenrollment.

Mr. Williams thanked HHS-OIG for its assistance with the case. 

Attorney General James and Acting State Police Superintendent Nigrelli Announce Sentencing of Disbarred Attorney Who Embezzled from Vulnerable New Yorkers

 

John Ferdinand Murphy Sentenced to 4 to 12 Years in Prison for Defrauding Individuals He Was Entrusted to Protect

New York Attorney General Letitia James and Acting New York State Police Superintendent Steven A. Nigrelli today announced the sentencing of John Ferdinand Murphy, III, 68, of Hopewell Junction, NY for embezzling more than $450,000 from multiple incapacitated and vulnerable individuals. After being appointed as a guardian and trustee, Murphy drained their trust accounts and issued checks to himself, his company, and his family members. Murphy previously pled guilty in March to one count of Grand Larceny in the Second Degree (class C felony) and one count of Scheme to Defraud in the First Degree (class E felony). He was sentenced today before Judge Edward McLoughlin to 4 to 12 years in state prison.

“New York has a system in place to protect the interests of our most vulnerable residents, and John Murphy abused it to enrich himself,” said Attorney General James. “Despite being entrusted by the law to protect New Yorkers who were unable to manage their own finances, John Murphy stole from them and violated their trust. This shameful misconduct harmed New Yorkers in need, and thankfully the perpetrator has been brought to justice and will face the consequences of his crimes.”

“I commend the work performed on this case by our State Police members and our partners at the Attorney General’s office that has led to this sentencing,” said Acting Superintendent Nigrelli. “Mr. Murphy had absolutely no regard for his victims or their well-being, instead he took advantage of them when they depended on his support and advocacy. This case serves as a reminder that those who prey on vulnerable and disabled individuals, especially when they are in a place of trust, will be prosecuted to the fullest extent.”

As outlined in the indictment, for nearly seven years Murphy abused his position as an attorney and took advantage of vulnerable and disabled individuals, including those for whom he was appointed to serve as guardian or trustee. In his role as a court-appointed guardian and trustee for incapacitated individuals, Murphy issued more than $350,000 in checks from their accounts for his own use. In one situation, while serving as trustee for an 89-year-old family friend, Murphy stole more than $80,000 and failed to pay the victim’s tax and utility bills, resulting in the client’s utilities being shut off on multiple occasions and a foreclosure proceeding on her home. In an attempt to conceal the foreclosure, Murphy sought a seller for the home and collected a $10,000 down payment, which he then deposited into his own bank account. The home was never conveyed to the seller, and Murphy kept the down payment money. However, with the assistance of the New York City Justice Center, the victim has been able to remain in her home.

Murphy was arraigned in December 2022 and charged for the thefts he committed from June 26, 2015 to December 29, 2021. He was suspended from practicing law in August 2021 and disbarred in December of that year. In addition to sentencing Murphy to 4 to 12 years in state prison, the court ordered judgments totaling more than $450,000 in favor of the victims. 

Attorney General James thanks the New York State Police’s Financial Crimes Unit, the Office of Court Administration Inspector General, the New York City Justice Center, and the Dutchess County District Attorney’s Office for their assistance.

Governor Hochul Signs Legislation to Strengthen Health Care Workforce

 

Legislation (A3076-A/S447-C) Permits Nursing Students to Complete Up to One Third of Their Clinical Training Through Simulation Experiences

Legislation Will Expedite Training to Help Address Nursing Shortage and Improve Care for New Yorkers

Governor Kathy Hochul signed legislation (A3076-A/S447-C) into law, strengthening New York’s health care workforce by permitting nursing students to complete up to one third of their clinical training through simulation experiences. Overseen by the New York State Education Department, simulation training gives students hands-on experience in clinical environments while allowing nursing education programs to offer more options for clinical education. As New York currently faces a nursing shortage, expanding simulation experiences can help expedite training and deliver an influx of nurses where they are needed most.

“Our nurses have been invaluable to our health care system, especially throughout the pandemic, but too often feel overworked doing the jobs that they love, which has only been amplified by the current nursing shortage,” Governor Hochul said. “I’m proud to sign legislation strengthening our health care workforce expediting training and allowing more capable nurses into the workforce improving care for all and creating a safer, healthier New York.”

We invested over $10 billion in a multi-year effort, all hands on deck across the board way to support our health care workers, our institutions. And that meant $4 billion in wages and bonuses for health care workers as just a way to say thank you.  

We know what you've gone through. We want you to stay in your profession. We launched the Nurses for Our Future Program to recruit the next generation of workers - over a thousand scholarships, full tuition, to go to people who want to enter this profession and get a two- or four-year degree at one of our institutions.  

Also, loan repayments. The cost of education is high. So, we help repay their loans. $2.5 million also - helping to train nurses to go into our underserved communities. And that can be a rural area, it can be a very densely populated city block, but we know where they are and we're trying to get more personnel to go into them.  

This will make nursing education more accessible, helping to address New York’s nursing shortage, which is projected to reach a workforce need of nearly 40,000 employees by 2030. Training needed to become a highly skilled nurse in New York limits clinical placements in a hospital setting, and until students complete those placements, they cannot receive their nursing license and join the workforce. Instead of forcing eager students to wait for an open spot in a hospital, expanding simulated training will help clear the logjam, address the shortage, and ensure high quality care for millions of New Yorkers. High-tech, high-quality simulation training is already in place in 31 states.