A.G. Schneiderman Offers Tips To Help Consumers Compare Health Care Plans In Advance Of NYS Marketplace Open Enrollment For 2017

  Schneiderman: Choosing A Health Plan Is An Incredibly Important Decision And I Encourage Families To Take Time To Find Coverage To Meet Their Needs

    Attorney General Eric T. Schneiderman today issued an updated brochure offering tips to New Yorkers buying health insurance coverage for 2017. The pamphlet, titled “Shopping For Health Insurance Coverage,” is being released in advance of the New York State of Health Marketplace’s open enrollment period starting on November 1, and can be used to evaluate all health insurance options, both on and off the Marketplace. Attorney General Schneiderman encourages consumers to take advantage of open enrollment to evaluate how their current health plan has met their needs, to evaluate whether their current health plan will change in a way that impacts the benefits they expect to use, and to consider what other options are available.   

“Choosing a health plan is an incredibly important decision, and I encourage families to take time to find coverage to meet their needs,” Attorney General Schneiderman said. “Exploring the New York Marketplace is a great way to start making health care enrollment decisions by comparing plans and analyzing costs. I encourage all New Yorkers to see what options are available starting November 1.”

Open enrollment through New York State of Health begins on November 1, 2016, and New Yorkers seeking coverage effective January 1, 2017 must enroll by December 15. Once open enrollment for the Marketplace begins, New Yorkers will be able to review all health insurance plans available through the Marketplace, as well as determine what premium subsidy you may be eligible for to reduce the cost of your monthly premiums. Coverage is also available off of the Marketplace, and those plans may have different enrollment deadlines. Premium subsidies, however, are not available for plans purchased outside the Marketplace.

The Attorney General’s brochure offers important information for all New Yorkers shopping for health insurance –  whether they are considering purchasing health coverage for the first time, re-enrolling in their existing plan, or switching into a new health plan. Prior to enrolling, take some time to identify your health needs for the upcoming year, consider your budget, and compare the available plans to evaluate how they satisfy your health and budget needs.

The Attorney General’s Office encourages all New Yorkers, when shopping for health insurance, to:

(1) Determine whether a premium subsidy is available through the Marketplace to make coverage more affordable (such subsidies are only available through the Marketplace);

(2) Check and confirm your provider’s participation status within the health plan, using the steps set out brochure;

(3) If you take prescription medications, check whether they are included in the health plan’s formulary, as well as what your out-of-pocket expense will be and whether there any pre-authorization requirements; and

(4) Check what the co-payment or co-insurance will be for any medical services you expect to use during the plan year, such as for physical therapy or mental health services. 

Enrollment in Medicaid, Child Health Plus, and the Essential Plan is open year-round.  This means that if you are, or become, eligible for one of these programs during the course of the year, you can enroll at any time. These programs offer low-cost, comprehensive health insurance coverage to lower-income New Yorkers. Child Health Plus is a New York State insurance plan for children, and children who are not eligible for Medicaid may be eligible to enroll in Child Health Plus.  The Essential Plan offers coverage for up to $20 per month for lower-income individuals who do not qualify for Medicaid or Child Health Plus. 

To learn more about these programs and the qualifications for enrollment, please visit these websites:

• Medicaid: https://www.health.NY.gov/health_care/medicaid/
• Child Health Plus: https://www.health.NY.gov/health_care/child_health_plus/
• Essential Plan: http://info.nystateofhealth.NY.gov/EssentialPlan
  
  

If you have any questions about a health plan’s coverage, including whether your provider is participating, you should call the insurance company directly and take detailed notes, including when you called, with the name of the person with whom you spoke, what you discussed, and what you were advised.

If you encounter inaccurate provider listings once you are enrolled in a plan and cannot access needed care from that provider, or otherwise believe you were given inaccurate information during open enrollment, contact the Health Care Bureau Helpline for assistance: 1-800-428-9071.  For questions about the New York State of Health Marketplace, you can contact the Marketplace directly at 1-855-355-5777.

A.G. Schneiderman Announces Settlement With Amazon Delivery Contractor That Underpaid More Than A Hundred Workers

  Cornucopia Logistics, LLC Deducted Money For Meal Periods That Workers Never Received

    Attorney General Eric T. Schneiderman today announced a settlement with Amazon delivery contractor Cornucopia Logistics, LLC (“Cornucopia”) that will require the company to pay $100,000 to workers whose wages were deducted for lunch breaks they never received because of back-to-back deliveries. An investigation by the AG’s office also found that Cornucopia routinely failed to compensate workers for “call-in pay,” which must be paid when employees report to work but are sent home or otherwise instructed not to complete their shift. Cornucopia also failed to keep required records documenting actual hours worked each week.

Cornucopia delivers Amazon.com packages and food from Amazon Fresh to residential and commercial addresses in New York City. More than a hundred current and former Cornucopia employees, including drivers, drivers’ helpers, and messengers, are eligible to receive restitution from the $100,000 settlement fund.

“I’m proud that this settlement will allow workers who were shortchanged to receive the restitution they deserve,” said Attorney General Schneiderman. “Delivery workers travel all hours of the day and night and through all kinds of weather to meet tight time frames. They deserve to have a proper lunch break, and when they don’t, they certainly must be properly compensated for all of their work.”

New York State's labor laws require employers to pay workers for all hours worked and to provide workers with certain specified meal periods – typically a half hour. The law also requires employers to maintain accurate payroll records, and to pay “call-in pay” of four hours (three for restaurant workers) when an employee reports to work on a given day. 

In addition to the payment of restitution funds, the settlement requires Cornucopia to comply with the law going forward, and bars Cornucopia from retaliating against employees for cooperating with the investigation.  Cornucopia will also designate an internal officer responsible for ensuring prospective labor law compliance, including furnishing the Attorney General’s Office with quarterly reports and payroll documents.

In the past year, A.G. Schneiderman’s office has recovered nearly $5.7 million in back wages for more than 3,300 workers, as outlined in a September 2016 report. Since taking office, A.G. Schneiderman has recovered almost $27 million in stolen wages for more than 20,000 workers. 

Anyone who is aware of a violation of workplace rights in New York State is encouraged to file a complaint with the Office of the Attorney General by filling out a complaint form or by calling the Labor Bureau at (212) 416-8700.

New York Supreme Court Orders ExxonMobil To Comply With A.G. Schneiderman’S Subpoena

   In an important decision concerning Attorney General Eric T. Schneiderman’s investigation of Exxon Mobil for potential state law violations, including under the Martin Act, today the Hon. Barry R. Ostrager ordered Exxon Mobil (“Exxon”) and its outside auditor, PricewaterhouseCoopers LLP (“PwC”), to comply with a subpoena issued by the Attorney General’s office in August 2016. The subpoena seeks documents related to PWC’s work for Exxon.

On October 14^th 2016, the Attorney General moved to compel production by PwC after Exxon asserted that it would not permit PwC to provide certain documents to the Attorney General’s Office. Exxon based its refusal to comply on a Texas statute that Exxon asserted creates an “accountant-client privilege.”

After noting that “[a]ll parties agree that this Court is the proper forum” to hear challenges to the AG’s subpoena, the New York Court ruled that Exxon’s interpretation of the Texas statute is “flawed,” and stated that the Texas statute in no way precludes PwC from producing the documents requested by the Attorney General’s office. The Court also stated that New York law, rather than Texas law, governed the dispute. The Court ordered PWC and Exxon to comply with the subpoena expeditiously.  

“We are pleased with the Court’s order and look forward to moving full-steam ahead with our fraud investigation of Exxon,” said Attorney General Eric T. Schneiderman. “Exxon had no legal basis to interfere with PwC’s production, and I hope that today’s order serves as a wake up call to Exxon that the best thing they can do is cooperate with, rather than resist, our investigation.”

The Court’s Order is available here.

Bronx Taxi Summit

  The event took place at the Southeast Bronx Neighborhood Centers Inc. located at 955 Tinton Avenue where the mayor's Community Assistance Unit and the TLC along with several city agencies and vendors connected to the taxi industry came together to help the attendees on current problems they are facing as drivers. 

  While TLC Commissioner Meera Joshi and Elvin Garcia of the Mayors CAU unit jointly hosted the event it was the Southeast Bronx Neighborhood Center located at 955 Tinton Avenue that was the winner. I spoke to Mr. Calvin Kendrick for almost an hour as the family worker supervisor and I agreed on many issues as to what is happening in many areas of the Bronx, and why children and others need centers like the SEBNC one on Tinton Avenue.

Above - Mr. Elvin Garcia of the Mayors CAU unit introduces TLC Commissioner Meera Joshi.

Below - Commissioner Joshi explains some of today's problems facing TLC drivers, and how the city administration plans to help the drivers.

Mr. Damyn Kelly the Executive Director of SEBNC thanked all who came to the Taxi Summit, and those city agencies and vendors who also participated in the summit held at the SEBNC center on Tinton Avenue. He tells of some of the many programs that are offered at the Tinton Avenue center.

Assemblyman Luis Sepulveda & Senator Ruben Diaz Job Fair 2016

KRVC's Halloween Party

  It was all ghosts and friends at today's KRVC Halloween party held at the KRVC office located at 505 West 236th Street just off of Riverdale Avenue. The photos below will tell the rest of the story.

Above - Madam Sassi was out front of the KRVC office to tell your fortune before you entered.

Below Stilt Walker Adam Aushlander had to watch out for the low door ways before entering and exiting the KRVC office.

Above - Linda Manning and Tracy Shelton pose  in the picnic area behind the KRVC office where activities such as making a Halloween pumpkin were going on.

Below - A group photo just as Assemblyman Jeffrey Dinowitz stopped in to say hello.

WILLIAMS INTRODUCES NUISANCE ABATEMENT BILL

   Council Member Jumaane D. Williams, Deputy Leader, introduced legislation that amends the current Nuisance Abatement Law (NAL) regarding "nuisances" that involve violating the State's Alcoholic Beverage Control Law. The bill is a part of Speaker Melissa Mark-Viverito's Nuisance Abatement Fairness Act -- a package of 13 bills that will curb abuses and limit application of the current Nuisance Abatement Law.

Council Member Williams' bill would require 4 violations of the current "Nuisance Abatement Law" to constitute a "nuisance," and restrict these violations to only those in which a reasonable person in the position of the person violating the law would have been aware of such violation. 

"The application of the Nuisance Abatement Law has been abused and doesn't allow for fair due process because of the uneven enforcement of the law," said Council Member Williams. "It is time the City Council reforms this law to crackdown on the abuses that result from its unintended use, and protect New Yorkers from unnecessarily losing their homes and businesses." 

The law currently requires only 1 incident of an alcohol sale to a minor, even where such a sale was not intentional. This bill would restrict the application of the NAL to repeated, willful, and flagrant cases.

The bill would become effective 60 days after it becomes a law.

The Nuisance Abatement Fairness Act consists of the following 12 additional pieces of legislation which will:

• Eliminate ex parte orders: The law currently allows judges to order the closure of a home or business based solely on the allegations of the NYPD, without affording the defendant the opportunity to be heard. These orders are disproportionately harsh and unnecessary. The legislation will permit a business or residence to be closed pending the outcome of a case only after defendants are notified and may appear in court.

• Repeal the Padlock Law: The Padlock Law permits the NYPD to close a residence or business without any judicial order. The NYPD has not used this draconian remedy for more than 15 years, and this bill will permanently abolish it.

• Narrow drug cases to sale: The law currently defines a nuisance as either the possession or sale of drugs, including marijuana.This legislation will restrict the application of the NAL to only the sale and not the possession of drugs. The bill will also require 4 drug sales instead of 3 to establish a "nuisance.

• Require laboratory reports for all drug cases: This bill addresses documented issues of NAL cases based on substances that turn out not to be controlled substances, by requiring the NYPD to submit laboratory results in all drug NAL cases.

• Address drug sales: Many drug NAL cases rely on "confidential informants" who may not be reliable, and an NAL case could be filed after a search warrant was executed and revealed only evidence of possession and not the sale of drugs. The NAL was not designed to circumvent the warrant system in criminal court, and this bill would require any drug sale nuisance case to have at least one incident personally witnessed by a police officer, eliminating the ability to file NAL cases based solely on information from "confidential informants."

• Ensure the timeliness of NAL cases: There is no statute of limitations for many NAL cases, allowing residences and businesses to be shut down for incidents that occurred many months ago and have since been cured. This legislation will establish a 4 month statute of limitations for all NAL cases, and 90 days for drug cases. The legislation will also eliminate unused NAL provisions which are addressed through other enforcement mechanisms, including those that apply to obscenity, building code violations, air pollution, noise control, and zoning violations. The bill will also require NAL orders to be executed within 15 days of being signed by a judge.

• Prohibit sealed records and require personal service of legal papers: Media reports have indicated that records from sealed criminal cases have been used in NAL applications. This legislation would require the Law Department to check every NAL case to make sure no sealed records are being used. It would also require the personal service of legal papers to ensure defendants are properly notified.

• Require least restrictive remedy and awareness: Some NAL orders or dispositions are disproportionately harsh, requiring either closure or onerous conditions that are not necessary to solve the problem, and other NAL cases affect the property rights of those who had no knowledge or reason to know about any illicit activities. This legislation will restrict any NAL remedy to only the least restrictive remedy, meaning that a judge could evict a person or shutter a residence only if there were no other means of ceasing the nuisance. This bill would also prohibit the NAL from restricting the rights of any person who was not aware or had no reason to be aware of a nuisance.

• Prohibit permanent exclusions: Some NAL cases permanently restrict persons from certain property, eliminating any chance of rehabilitation and family reunification. This legislation will establish a time limit for the exclusion of any person from a residence to 1 year, or 3 years in special circumstances.

• Verify an on-going nuisance: Residences and businesses may be shut down for incidents that occurred many months ago and have since been cured, negating the reason behind the NAL in the first place. This legislation would require the NYPD to verify the ongoing nature of a nuisance before executing any order.

• Eliminate conflicting proceedings: NAL actions often duplicate similar proceedings in New York City Housing Authority (NYCHA), housing court, or pursuant to the Alcoholic Beverage Control laws. This is inefficient and can lead to double-punishment. This legislation would prohibit an NAL case where there is a duplicate NYCHA, Housing Court, Alcoholic Beverage Control, or other duplicate proceeding.

• Ensure comprehensive reporting: NAL data has historically not been collected. This legislation would require comprehensive reporting on the NYPD's use of the NAL, including the rate of the use of injunctive relief, the relationship between NAL actions and 311 or 911 calls, the rate of NAL actions by precinct, and the relationship between NAL actions and other legal proceedings. Also, because other agencies and governmental entities can request NAL actions be brought, the bill also requires the Law Department to report on the wider use of the NAL.

"Too often, many of the people who are the victims of the Nuisance Abatement Law are bodega store owners who unknowingly sell alcohol, like beer, to minors. There are instances where a minor may place the money on the counter, and leave quickly, without giving the clerk a chance to ask for identification," said Council Member Williams. "If that same minor is caught by police, law enforcement now has just cause to shut down the bodega." 

There has been uneven enforcement of the laws and some well-documented abuses, where New Yorkers have unjustly lost their homes or businesses. 

New York City's Nuisance Abatement Law was created in 1977, and was originally designed to address obscenity and prostitution in Times Square. Since then, the law has been used to target residences where alleged drug sales are taking places, and commercial establishments that reportedly sell alcohol to minors.