Weekly News from State Senator Gustavo Rivera!

 

SENATOR RIVERA INTRODUCES CDPAP FISCAL INTERMEDIARY LICENSURE ACT

Photo Credit: Will Waldron/Times Union

“I recognize that there are changes that are necessary, that there have been bad actors,” Rivera said. “But instead of throwing out the baby with the bathwater, it’s electrifying the baby in the damn tub. Let’s not do that. Let’s actually think through how this could be done more efficiently,” said Senator Gustavo Rivera.

This week, Senator Rivera introduced the CDPAP Fiscal Intermediary Licensure Act (S9901), a reasonable alternative to the single fiscal intermediary (FI) policy that was included in the 2024 budget.

The current law requires the state to eliminate all of the current FIs operating in the Consumer Directed Personal Assistance Program (CDPAP) and replace them with one entity by April 1st of next year. This massive change in the structure of how this system works has created upheaval.

Senator Rivera's bill would repeal that policy and instead establish a licensure process for entities acting as FIs. It would establish criteria for the Department of Health review, allowing the state to weed out bad actors through the licensure process. The bill provides an opportunity for good FI businesses to continue operating throughout the state that have a proven track record of delivering quality service and establishes training requirements for care workers in order to ensure a baseline of core competency.

To learn more about the new bill, you can read Senator Rivera's interviews with Raga Justin from the Times Union and Ethan Geringer-Sameth from Crain's.

Senator Rivera joined Americans for Contraception's “IUD Express” Tour at Times Square with "Freeda Womb," a 20-foot inflatable IUD to celebrate New York’s reproductive care protections and remind Americans that the right to birth control is under assault from Republican lawmakers and cannot be taken for granted.

Freeda Womb made her debut when republicans voted against the Right to Contraception Act, a simple bill that would have protected the right to the pill, condoms, Plan B, and other contraception care. Senator Rivera will continue to fight for reproductive freedom as Chair of the Health Committee.

On September 4th, Senator Rivera hosted his final back-to-school pop-up event at Riverdale Neighborhood House. Senator Rivera provided backpacks and school supplies to our neighbors. Thank you to LiveOn for providing school supplies, and thank you to the thousands of neighbors who came out for the Senator's Back to School events throughout the summer to get the school year started right!

Senator Rivera attended the 52nd Precinct's back to school giveaway outside the precinct. Thank you to Commanding Officer Chase A. Maneri, Community Affairs Officers Echevarria and Capo, and 52nd Precinct Council President Brenda Caldwell-Paris for putting together a great event!

Senator Rivera attended PS 85's Back to School Giveaway, where he contributed backpacks and school supplies to the event. Thank you to PS 85 Principal Sara Medina for inviting the Senator.

Senator Rivera also attended PS 77's Back to School Fair, where the Senator provided backpacks, supplies, and participated in welcoming the new students. Thank you to PS 77 Principal Carolyn Hereida for having the Senator.

If you are interested in Senator Rivera visiting your school, please call our district office at 718-933-2034 or email us at grivera@nysenate.gov.

Senator Rivera shares the community's concerns about public drug use and syringe litter near the Kingsbridge Underpass, Poe Park, and nearby hot spots. There are local harm reduction providers who clean up the needles safely and who connect with users to help them with recovery, medical care, and basic needs.

Our team created this schedule and contact informational sheet in collaboration with the harm reduction organizations serving the Northwest Bronx so that neighbors can contact them to assist with issues near Kingsbridge Road and the Grand Concourse. If you have any questions, please contact our office at 718-933-2034 or grivera@nysenate.gov. 

Wave Hill Weekly Events: Sept 26 – Oct 3 | Fiesta on the Hudson, Fall Arts & Meditation

 

We will be closing early at 2PM on Thu, Sep 19 for our annual Gardeners’ Party fundraiser. Join us as we celebrate of the art of gardening and peruse our legendary plant sale. 

 

Don’t miss an incredible new soundwalk launch event how fragile, we bloom with musical artists Chromic Duo Sep 22. They have created a site-specific soundwalk for our woodlands. To launch this meditative soundwalk, the artist will lead a walk and group reflection following a live performance. Self-guided walks will be available all season long. 

 

And get ready to dance at our free, family-friendly evening in the garden, Fiesta on the Hudson, Sep 26, with dance instructor Talia Castro-Pozo. Picnicking permitted.  

 

 

Framing Fall: Plein Air Watercolor Series 

Thu, Sep 26 10:00AM – 1:00PM (First of 6 weekly sessions) 

$330, including admission to the grounds. Wave Hill members save 10% 

Registration required; online or by calling 718.549.3200 x251 

 

Capture Wave Hill’s shifting autumn colors from lesser-known locations including the Secret Garden, Lower Lawn, Shade Border, and Abrons Woodlands, as well as iconic views from the Aquatic Garden, Flower Garden and Pergola in this plein air watercolor workshop with artist Wennie Huang. Weekly demonstrations focus on framing foliage and fall flowers within and around built structures, applying a variety of watercolor approaches and techniques. Each weekly workshop includes individual guidance as well as an informal group share. A list of suggested workshop materials will be shared with registered participants. All workshops take place out of doors, with an indoor location reserved for rainy days. No class October 3. 

  

 

Public Gallery Tour 

Thu, Sep 26, 2:00PM – 3:00PM 

Free, and admission to the grounds is free on Thursdays 

Registration not required 

 

Solo and group exhibitions at Glyndor Gallery explore the dynamic relationships between nature, culture and site. Visitors can expect an in-depth look at artworks on view in Glyndor Gallery and in the Sunroom Project Space, showcasing the work of both emerging and established artists in the unique context of a public garden. Today’s tour features current exhibitions by artists Soeun Bae, Jordany Genao, Dario Mohr, and Judy Pfaff. The tour lasts approximately 45 minutes. 

  

 

Fiesta on the Hudson 

Thu, Sep 26, 4:30PM – 8:30PM   

Free  

Registration encouraged 

 

Dance the night away as we celebrate Hispanic Heritage Month! Learn the basic steps and traditions of dances like salsa and cha-cha, while enjoying live music on the Great Lawn overlooking the Hudson River and Palisades. As the sun sets, the party continues indoors. Specialty food and drinks will be available in Wave Hill House with more music and dancing into the night. Hosting and dance instruction provided by Talia Castro-Pozo and guests. All ages are welcome at this special community event. Picnicking is permitted on the Great Lawn.  

  

 

Family Art Project: Connecting with Plants 

Sat, Sep 28, 10:00AM – 1:00PM   

Sun, Sept 29, 10:00AM – 1:00PM 

Free with admission to the grounds  

Registration not required 

 

Join visiting artist Jordany Genao in discovering how we can connect to plants through artmaking. Jordany will show us how plant parts can be used when making things like fabric and thread, and how this helps us form personal connections with nature. Afterwards, families can go see Jordany’s exhibit Espíritu de sabor in Glyndor Gallery. 

 

 

Public Gallery Tour 

Sat, Sep 28, 2:00PM – 3:00PM 

Free, and admission to the grounds 

Registration not required 

 

Solo and group exhibitions at Glyndor Gallery explore the dynamic relationships between nature, culture and site. Visitors can expect an in-depth look at artworks on view in Glyndor Gallery and in the Sunroom Project Space, showcasing the work of both emerging and established artists in the unique context of a public garden. Today’s tour features current exhibitions by artists Soeun Bae, Jordany Genao, Dario Mohr, and Judy Pfaff. The tour lasts approximately 45 minutes. 

  

 

Yoga in the Garden 

Sun, Sept 29, 10:00AM – 11:00AM 

$25; including admission to the grounds. Wave Hill Members save 10% 

Registration required 

 

Root your feet in the grass and look out upon the vistas as you enjoy a gentle yoga class led by Susie Caramanica (Sep 8 through Oct 6) and Pam Kelly (Oct 20, 27). All levels welcome. Continues through October.  

 

 

Garden Highlights Walk 

Sun, Sept 29, 1:00PM – 1:45PM 

Free with admission to the grounds 

Registration not required 

 

Join a knowledgeable Wave Hill Garden Guide for a leisurely stroll in the gardens. Topics vary by season and the expertise of the Guide--come back for an encore; each walk varies with the Guide leading it. This walk lasts a half-hour to 45 minutes. Public Garden Walks are most appropriate for adults or young adults.  

 

 

Fall Mandalas and Meditation 

Sun, Sep 29, 1:00PM – 3:00PM 

$35, including admission to the grounds 

Registration encouraged 

 

Welcome the change of seasons as you explore the connection between meditation and mandalas with Sara Hart and Drew Campbell of Artemis Audio & Ayurveda. With the lush fall landscape as a backdrop, begin with a mindful walking meditation outdoors, then gather in our majestic Armor Hall to continue with gentle movement, sound healing, and intuitive art making with plant materials gathered from the gardens. No experience necessary. Moves completely indoors in case of inclement weather. Ages 12 and older welcome with an adult. Tickets required for all participants. 

 

 

Fall Exhibitions Reception 

Sun, Sept 29, 2:30PM – 4:30PM 

Free with admission to the grounds 

Registration encouraged 

 

Meet exhibiting artists featured in four new shows of site-specific works created for Wave Hill. In Glyndor Gallery, a solo exhibition by Judy Pfaff presents the pioneering artist’s sculptures, drawings and installations inspired by Wave Hill. In the Sunroom Project Space, two indoor installations by Soeun Bae and Jordany Genao, and an outdoor sculpture by Dario Mohr in the newly renovated Glyndor Terrace Garden, will be presented. In Wave Hill House, Emilie Gossiaux’s exhibition, Nature from Bed, features drawings that focus on the artist’s personal experience of nature. 

  

 

Afternoon Tea 

Tuesdays and Thursdays at 11:30AM or 2:00PM 

Adults $50; Children $30 with adult. 

A minimum of 2 guests and 7 days’ advanced booking are required. 

Complementary admission to Wave Hill is included with purchase of tea package. 

HOURS: 10AM–5:30PM, Tuesday–Sunday 

Shuttle Service Free from Subway and Metro-North, Thursday–Sunday 

Information at 718.549.3200. On the web at wavehill.org. 

Medical Device Company to Pay $700,000 to Resolve False Claims Act Allegations Concerning Inflated Reimbursements from Medicare and Medicaid

 

Medical device manufacturer THD America Inc., located in Natick, Massachusetts, and its corporate parent, THD SpA of Italy (collectively, THD), have agreed to pay $700,000 to resolve allegations that THD violated the False Claims Act by knowingly causing physicians to use incorrect codes to obtain inflated reimbursement from Medicare and State Medicaid programs for the use of THD’s hemorrhoid removal system called the Slide One Kit (the Kit).

The Kit was sold to physicians for use in transanal hemorrhoidal dearterialization, a surgical procedure that involves cauterizing certain blood vessels. The United States alleged that, between 2014 and 2017, physicians performing procedures using the Kit were required to bill for the procedure using a temporary code, also known as a “T-Code,” assigned for new and emerging services. Because a procedure that is assigned such a code is considered experimental, reimbursement for the use of the Kit was often denied. To avoid such denials and increase potential reimbursement, THD allegedly encouraged colorectal and general surgeons improperly to bill Medicare and Medicaid programs using the T-Code plus an additional Current Procedural Terminology (CPT) code or to bill for CPT codes other than the T-code.

The federal share of the civil settlement is $598,121.23, and the state Medicaid share of the civil settlement is $101,877.77. State Medicaid programs are jointly funded by the federal and state governments.

“The integrity of federal healthcare programs depends upon compliance with coding and billing rules that are used to make coverage and reimbursement decisions,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable health care providers that knowingly submit false claims to federal health care programs that do not accurately reflect and bill for the work they perform.”

“This case is emblematic of the U.S. Attorney’s Office’s commitment to pursuing and holding accountable those who seek to defraud federal health care programs and to recouping taxpayer dollars obtained falsely,” said U.S. Attorney Erek L. Barron for the District of Maryland. “We will continue our efforts tirelessly in prioritizing rooting out fraud and protecting the public fisc.”

“Accurately billing for services provided to Medicare and Medicaid enrollees is required of all health care companies,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services Office of the Inspector General (HHS-OIG). “HHS-OIG will continue to work with the U.S. Attorney’s Office and our law enforcement partners to investigate allegations of companies violating the federal False Claims Act.”

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Amber Arthur, a former employee of THD America. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The relator’s share from the proceeds of the settlement will be $115,500. The qui tam action is captioned U.S. ex rel. Arthur v. THD America, et al., No. 16-cv-2571 (DMD). 

The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the District of Maryland and the Civil Division's Commercial Litigation Branch, Fraud Section, with assistance from HHS-OIG.

The investigation and resolution of this matter illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS at 800-HHS-TIPS (800-447-8477).

Assistant U.S. Attorney Tarra DeShields for the District of Maryland and Senior Trial Counsel Jay D. Majors of the Justice Department’s Civil Division handled the matter.

The claims resolved by the settlement are allegations only. There has been no determination of liability.