Friday, February 24, 2017

A.G. Schneiderman Announces Settlement With Oxford Health For Improperly Denying Claims Of Hundreds Of Members For Infusion Services


Oxford Health Improperly Denied Coverage Of Claims For Sick Members Of Nearly $500,000 Collectively For Services Previously Covered
   Attorney General Eric T. Schneiderman today announced an agreement with Oxford Health Plans (NY) and Oxford Health Insurance, Inc. (together, “Oxford”), requiring that Oxford provide refunds to hundreds of small group plan members in New York State for improperly denying coverage of infusion services, including necessary supplies and nurse visits, since November 2015.  As a consequence of Oxford’s denials, these chronically ill members who needed infusion therapy for serious medical conditions were billed by infusion service providers. Infusion therapy is used as part of a medication treatment plan, and is a procedure in which medication is administered intravenously.  Infusion therapy may be used, for example, to treat serious or chronic infections that do not respond to oral antibiotics and for pain management. Oxford is owned by UnitedHealth Group.
“Infusion services are vital to patients’ health care. Yet Oxford’s failure to provide the proper coverage adversely affected many New Yorkers with serious medical conditions. Health plans must take responsibility for promptly identifying and correcting errors that result in improper denials to New Yorkers, who rely on their insurance companies for critical medical care,” said Attorney General Schneiderman.
The investigation began after an Oxford health plan member complained to the Attorney General’s Health Care Bureau Helpline that she began to receive bills from a provider of infusion supplies, when the infusion supplies had been previously covered by her plan.  Initially, Oxford maintained that its denials of coverage were correct, stating that the consumer’s benefits had changed, but a review of the plan documents did not support this statement.  As a result of the AG’s inquiry, Oxford acknowledged that hundreds of other members’ infusion services claims were also improperly denied as well as claims for nurse home healthcare visits for the administration of infusion medication.
After acknowledging its error in the coverage denials and providing assurances that it had corrected the benefit configuration error that resulted in the denials, it was discovered that 277 members continued to receive improper denials because the problem had not been fully identified by Oxford and corrected.
Oxford has identified a total of 2,587 claims that were improperly denied, totaling nearly $500,000.
As set forth in the agreement, Oxford has completed or committed to do the following:
  • Mail letters to affected members explaining that they may have paid too much for infusion services, and setting forth the steps to secure a full refund;
  • Re-examine all infusion claims from October 1, 2015 through the date of the agreement and provide substantiation that all claims have been properly processed and paid; and
  • Pay $35,000 to New York State
This case was handled by Assistant Attorney General Adrienne Lawston of the Health Care Bureau.  The Health Care Bureau is led by Bureau Chief Lisa Landau.  The Health Care Bureau is part of the Social Justice Division, which is led by Executive Deputy Attorney General Alvin Bragg.
Consumers who believe that they may have been treated unfairly by a health care provider, HMO or insurance plan, or health-related business should call the Attorney General’s Health Care Helpline at 1-800-428-9071.

A.G. Schneiderman Announces Settlement With Networking Website For Sending Millions Of Deceptive Email Solicitations


The International Women’s Leadership Association To Increase Transparency In Its Marketing Practices, Agrees To Pay A $200,000 Penalty
Schneiderman: My Office Will Continue To Protect New Yorkers From Misleading Electronic Marketing
   Attorney General Eric T. Schneiderman today announced a settlement with The International Women’s Leadership Association, Inc. (“IWLA”) regarding a deceptive email campaign in which the company sent millions of emails misrepresenting how it selected its recipients for a business networking program.  Recipients were likely to believe that IWLA reviewed their education, employment history, and contributions to their friends, family and neighborhood community prior to receiving the solicitation, which invited them to become a member of an exclusive women’s business networking community. Over 100,000 women responded to this solicitation in the last 3 years. Yet despite the claims in the solicitation, which was sent to over 7 million people in the United States, IWLA did not actually consider the person’s contribution to “family, career, and community” or any other qualifications. The company agreed to reform its marketing practices and pay a $200,000 penalty, which was suspended due to the financial condition of the company.
“Mass email solicitations cannot be used as a proxy for deceptive marketing practices,” said Attorney General Schneiderman. “Honesty and transparency are the hallmarks of consumer protection, and those same principles must be upheld online.”
The IWLA is a New York corporation with a main office located in Uniondale, New York.  Its stated purpose is to provide “women with opportunities to meet, share and collaborate, whether in business or otherwise.” It claims to market its services to women at all stages of their career to help foster their upward mobility. The IWLA claims over fourteen thousand (14,000) female members who subscribe to its services and receive the benefits and privileges offered by the association.
The IWLA markets directly to potential members including by email and letters.  These marketing solicitations come in various forms, but they all contained the statement “it is my distinct pleasure to notify you that, in consideration of your contribution to family, career, and community, you have been selected as a woman of outstanding leadership,” such as in the following example:
On behalf of The International Women’s Leadership Association, it is my distinct pleasure to notify you that, in consideration of your contribution to family, career, and community, you have been selected as a woman of outstanding leadership. As such, register today to take your place among other remarkable women; you have earned it and you deserve it. We live in a demanding world! Women are challenged to balance their lives in and out of the workplace, at home, and in the community. These challenges require that we think creatively in establishing meaningful resources that provide options without obligation, efficiency with effectiveness, and relationships with reliability….  Register today; your inclusion will broaden and brighten this premier platform of accomplished women.
(Emphasis added.)
Upon responding to this solicitation, potential members were asked to complete a registration form and consent to being called by the IWLA to complete the registration process.  The applicant was offered a choice of programs for purchase with prices ranging from $99 for a 6-month membership to $989 for a lifetime membership.  Potential benefits include: a personal file added to the IWLA website; a feature on IWLA’s own social media platform and related endorsements; and attendance to various events, webinars, and tele-seminars.
Pursuant to the settlement, IWLA agreed not to engage in false, misleading, or deceptive advertising regarding any IWLA service or otherwise not make any misrepresentations, cause a likelihood of confusion or misunderstanding, or omit material facts in the advertising, marketing or sale of its services.  IWLA agreed to not make any statement or claim in its advertising or marketing material that it evaluated, analyzed, considered, assessed or discussed the credentials of a potential member of the IWLA unless it has done so.  
IWLA also agreed to a $200,000 penalty, which is suspended due to the financial condition of the company, provided IWLA complies with the agreement.  In the event IWLA fails to comply with the agreement, or made a material misrepresentation regarding its practices or financial condition, the entire amount is due and payable to NYAG.

MAYOR DE BLASIO RELEASES “VISION ZERO: YEAR THREE” REPORT


New York City has strongly countered national trends: 2016’s 230 traffic fatalities were fewest ever in New York City, marking three successive years of decline and a 23 percent reduction since 2013

   Mayor Bill de Blasio today released New York City’s third annual Vision Zero report, which details the program’s continued progress. Vision Zero, which began in 2014, has helped deliver the safest three-year period on New York City’s streets in recorded history. In 2016, traffic fatalities in New York City declined to their lowest levels ever to 230, representing a 23 percent decline from 2013 when there were 299 traffic fatalities. This is in stark contrast to national trends that have seen a 14 percent increase in traffic fatalities over the same period according to the National Safety Council projections.

In addition to providing the data on past successes, the report also provides a comprehensive look forward at initiatives – around education, enforcement and engineering – that will be pursued to maintain momentum in 2017 and beyond.

The “Vision Zero: Year Three” report can be accessed here.

“Despite our record success in saving lives these last three years, we know that Vision Zero is just starting,” said Mayor Bill de Blasio. “Even with all of our work and after the safest year in history, someone was lost in a traffic crash on average once every day and a half, still far too frequent. With the unprecedented budget investment we announced last month, we expect that in the year ahead the dedicated efforts of DOT, NYPD and other agencies will help us continue to buck national trends in traffic fatalities with stronger results for New Yorkers.”

“Our Year Three report gives great perspective on just how far we have come under three years of Vision Zero,” said DOT Commissioner Polly Trottenberg. “But as the Mayor has said, we have a long way to go. We are grateful for his leadership and the unprecedented budget investment that will allow us to continue our work to redesign safer streets, and do so much more expand further on our success in the years ahead.”

“The Year Three report for Vision Zero is encouraging,” said NYPD Chief of Transportation Thomas M. Chan. “Traffic fatalities are at a historically low level, which is bucking a nationwide trend. The City also is investing in making our streets safer, and the NYPD and its partners in the Vision Zero initiative are working every day to reduce collisions and protect lives.”

Among the major themes of New York City’s successful Vision Zero efforts outlined in the report:

  • Data-Driven Priority: In 2015, NYPD and DOT had outlined their strategy in Borough Pedestrian Safety Action Plans, data-driven efforts to drive down injuries and fatalities at targeted intersections and corridors. Two years later, through combined enforcement, education and engineering efforts, serious crashes have declined in areas identified in the plans by nearly 30 percent.

  • Designs to Make Streets Safer: Under Vision Zero, DOT has achieved an unprecedented pace, completing over 240 safety projects and over 30 miles of protected bike lanes since January 2014. In addition, DOT has brightened over 1,000 crosswalks with new streetlights, and also added higher visibility crosswalks in priority areas. Pedestrian head-starts have been added to 1,248 intersections, giving pedestrians extra dedicated time to cross the street.

  • Cross-Agency Evaluation and Collaboration: The multi-agency Vision Zero Task Force, coordinated by the Mayor’s Office, brought agencies together to identify problems and collaborate on solutions. The Dusk and Darkness Initiative in 2016 grew out of this effort. In that initiative, agencies had identified a surge in serious pedestrian crashes in the fall and winter evening hours. In October 2016, agencies focused their enforcement and education resources on dangerous driving behaviors during those hours. Traffic fatalities during the initiative saw a decline of 30 percent over previous years.

  • Increased NYPD Enforcement Against Dangerous Driving:Consistent and predictable enforcement deters reckless driving, prevents crashes and saves lives. Under Vision Zero, NYPD has dramatically increased its issuance of violations for speeding and failure to yield, by 78percent and 243 percent respectively above annual averages prior to Vision Zero.

  • Safer City Vehicles: Agencies that own or regulate large fleets include the Taxi and Limousine Commission (TLC), the Department of Citywide Administrative Services (DCAS), and the MTA. Among several new safety initiatives, these three agencies have conducted Vision Zero safety training for over 70,000 vehicle operators since the beginning of Vision Zero.

  • Increased Engagement: In addition to an award-winning advertising campaign that connected with New Yorkers, Vision Zero connected with New Yorkers in other ways, from senior centers to schools. In 2016, the Cross This Way curriculum, which teaches children about the risks posed by reckless driving, was incorporated into elementary and middle school curricula Citywide.

“In our third year of expanding on Mayor de Blasio’s Vision Zero Action Plan, the TLC’s resolve has only deepened,” said TLC Commissioner and Chair Meera Joshi. “Our Dusk to Dawn and targeted speeding enforcement efforts continue to catch and deter reckless drivers, and we’ve brought safety education to more than 37,000 of our driver-licensees in 2016 alone and 422 of our licensed bases since 2014. The TLC’s data-driven analysis of safety records of 771 of the city’s car service bases in the Vision Zero Base Reports help the public make more informed consumer choices every day. Our efforts in 2016, including honoring a record 378 drivers for their safe records driving a combined 1.8 million safe miles, set the stage for TLC licensees to lead the way in safety on our streets in 2017.”

“Through increased training, truck side-guards and better collision tracking, DCAS is proud of the progress made in fleet safety over the last three years as part of Vision Zero,” said DCAS Commissioner Lisette Camilo. “DCAS looks forward to increasing these efforts even further in partnership with other City agencies including completing our first plan to design and specify safer City fleet vehicles.”

“The third annual Vision Zero report is the product of extensive multi-agency coordination, collaboration on new initiatives and a commitment to ongoing program evaluation,” said Mindy Tarlow, Director of the Mayor’s Office of Operations. “The Mayor’s investment in new Vision Zero initiatives will build on the program's success and continue making New York City safer for all residents.”

About Vision Zero
In January 2017, after three successive years of declines in traffic fatalities, Mayor Bill de Blasio announced New York City would make an additional $400 million investment in Vision Zero – for a total of $1.6 billion over the next five years. DOT is implementing its most aggressive street redesign safety program, an increased investment in street redesign and traffic-calming measures citywide. Other Vision Zero changes announced by the Mayor include ensuring NYPD crossing guards at every post, faster replacement of street markings, intersection upgrades in the bike-lane network, more left-turn calming efforts, brighter lighting and more equipment at each police precinct to catch speeding.

For more information about the de Blasio Administration’s Vision Zero initiative, please see www.nyc.gov/visionzero.

BOROUGH PRESIDENT DIAZ DELIVERS EIGHTH ‘STATE OF THE BOROUGH’ ADDRESS


   Bronx Borough President Ruben Diaz Jr. delivered his annual “State of the Borough” address, his eighth since becoming borough president in 2009, at the John F. Kennedy High School Campus in Marble Hill. 

In his speech, which can be read in full athttp://on.nyc.gov/2lLlgwx, Borough President Diaz discussed past successes as well as new initiatives to bring positive change to The Bronx that could serve as a model for all five boroughs.

“For nearly eight years, my office and our partners have developed and executed policies of equity and smart services, making The Bronx an even better place for all its residents,” said Borough President Diaz. “We said we would provide lawyers for tenants in court. We did. We said we'd raise the minimum wage to $15 an hour. We did. We said we'd bring EBT usage online. We did. We said we'd stop the regressive bag tax. We did. We said we would obtain the funding to rebuild Orchard Beach. We did.”
In outlining numerous successes The Bronx has seen in recent years, Borough President Diaz noted considerable job growth and new attention from national and international media, as well as billions of dollars in new investment that has been leveraged to create jobs, improve infrastructure and build thousands of units of affordable housing. Nearly 100,000 more Bronxites have jobs today than when the borough president took office in May 2009, according to statistics from the New York State Department of Labor.

The borough president also noted the recent infusion of $108 million in state financing by Governor Andrew Cuomo for the redevelopment of the Kingsbridge Armory, and called on the developer and City Hall to move the project forward.

“This project now has the funding it needs, thanks to the governor’s continued commitment to our borough,” said Borough President Diaz. “Let’s get it done!”

Despite the borough’s victories Borough President Diaz noted that there is still considerable work that needs to be done, not only in The Bronx but across the five boroughs, to make city services and resources more equitable.


“We have seen considerable improvement. But life is certainly not perfect in our borough and our city. Homelessness is at a record high, and our public housing is in crisis. Our criminal justice system needs a major overhaul and mental health care in this city is failing our citizens. Our children sit in overcrowded classrooms and large communities of this city are grossly underrepresented in our best high schools,” said Borough President Diaz. “Services and amenities abundant in other boroughs are lacking here and despite having world-class hospitals our borough’s health indicators have been slow to improve.”

On housing, Borough President Diaz discussed the future of the Jerome Avenue corridor, and the need to ensure that the City’s proposed rezoning works for local residents and workers at area businesses. The borough president also discussed the need to build more affordable and permanent supportive housing as a means to prevent homelessness, and threw his support behind Queens Assembly Member Andrew Hevesi’s Home Stability Support plan, which would give rent subsidies to those in danger of losing their homes. 

“Isn’t it cheaper to help someone with their rent, to provide them with the stability of their home, rather than put them up in a fancy Times Square hotel for $600 a night?” asked Borough President Diaz. “Isn’t that just common sense?”

During his speech, Borough President Diaz also focused on the need to bring new transportation projects to light, such as connecting Brooklyn, Queens and The Bronx with the Regional Plan Association’s “Triboro Line” subway proposal and expanding CitiBike to all five boroughs. 


Borough President Diaz also called for an end to major disparities in the City’s criminal justice, mental health and education systems. In particular, Borough President Diaz highlighted his forthcoming task force on gifted education and specialized high schools with Brooklyn Borough President Eric L. Adams, and called on the city to launch a comprehensive examination of school overcrowding in the five boroughs.

“We cannot continue to see talent wasted,” said Borough President Diaz. “The time to give our children the education they deserve is now.” 

The borough president also called for the Department of Education and the Department of Health and Mental Hygiene to conduct a joint assessment of an assessment of how mental health services in our schools can be improved to better reach students in need.  
“It is a matter of citywide urgency and importance,” said Borough President Diaz. “A holistic approach requires us to meet these challenges with compassion, not force.”

Borough President Diaz also spoke about President Donald Trump and the threat his administration presents to our continued success. Specifically, he noted that 40 percent of all Bronx residents were born in another country, and that The Bronx would never turn its back on its immigrant population, regardless of the actions and rhetoric of the Trump administration.

“I will continue to tirelessly advocate for Bronxites and for true equity and prosperity for all New Yorkers. We must stop Washington’s anti-immigrant agenda because most of us are the descendants of immigrants who arrived in this great country for a new start and opportunity,” said Borough President Diaz. “We will make our voices heard.” 

Borough President Diaz closed his speech by urging greater civility and cooperation in political discourse, especially during this difficult time, when more and more New Yorkers must be willing to come together to support one another.

“We are at our best when we work together. We can disagree, but we must be civil in our disagreement. Our best way forward is to thrive through collaboration, good-spirited competition, and cooperation. We will flourish together. And our success is that of The Bronx and the City,” said Borough President Diaz.

State Senator Gustavo Rivera and Congressmember José E. Serrano To Host Black History Month Celebration


   In honor of the numerous contributions African-Americans have made to our country, State Senator Gustavo Rivera, Congressmember José E. Serrano and St. Simon Stock Church will host a Black History Month Celebration on Saturday, February 25, 2017 from 1:00 PM to 3:00 PM.

While the federal government continues its unrelenting attack against our immigrant communities, this event will serve as a unique opportunity to recognize and honor the lasting impact that these communities, especially those hailing from African and Caribbean nations, have had on New York City and on the Bronx. Throughout the event, participants will also be able to enjoy artistic performances, receive important information on critical services and resources available to them, and join elected officials in acknowledging the outstanding work of community members from the 33rd Senate District and 15th Congressional District.

WHAT:  Black History Month Celebration

WHO:   State Senator Gustavo Rivera
             Congressmember José E. Serrano

WHEN: Saturday, February 25, 2017 
              1:00 PM - 3:00 PM 

WHERE: St. Simon Stock Church, Gymnasium
                 2191 Valentine Avenue 
                 Bronx, NY 10457 

*This event is free and open to the public.

BRONX ASSEMBLYMEMBER LUIS SEPULVEDA 'SHOCKED AND SADDENED' OVER DEATH OF LOCAL COMMUNITY ACTIVIST AND ARREST OF HIS LANDLORD


  BRONX ASSEMBLYMEMBER LUIS SEPULVEDA  'SHOCKED AND SADDENED' OVER DEATH OF LOCAL COMMUNITY ACTIVIST AND ARREST OF HIS LANDLORD


Bronx Assemblymember Luis Sepulveda said today that he is "both shocked and saddened by the tragic death of Zakir Kahn," a longtime real estate broker active in the Bangladesh community in the Assemblyman's district.

Kahn was stabbed to death Wednesdayevening, Feb. 22, by Taha Mahran outside Mahran's Throgs Neck house where Kahn rented an apartment for his family.

"Mr. Kahn worked hard to empower the Bangladesh community throughout the city of New York. He will be remembered for his advocacy and dedication to the Bangladesh-American community," said Sepulveda, adding that "I also knew Mr. Traha, who was generally a peaceful man, whose violent act was totally out of character."

The Assemblyman called it "a tragedy for both sides, with one family losing their husband and father, and the other family facing the loss of their husband and father to prison. My prayers and thoughts are with both families."
                                                            
Assemblyman Sepulveda represents the 87th Assembly District covering Parkchester, Castle Hill, West Farms, Van Nest and Stratton Park.

News From Congressman Eliot Engel


Engel Statement on Trump Administration Plan for Mass Deportation

“I am profoundly disappointed with the Trump Administration’s plan to ramp up a mass deportation program. According to a DHS memo, this plan includes thousands of new federal agents for his ‘deportation force,’ new construction of detention centers for suspected immigrants, and an expansion of the so-called 287(g) program to draft local law enforcement to help break up families and deport working people. These actions would unquestionably close communities off from law enforcement, drive immigrants back into the shadows, drain the economy, and needlessly frighten millions of our peaceful neighbors.

“Deporting millions en masse without regard for their family ties, their jobs, or their contributions to society could never be constructive. And no matter what the Administration says, this is indeed what they are planning—to build up a deportation force and attempt a program of mass relocation of 11 million people. I will continue to fight for sensible immigration reform that protects families, bolsters the economy, and keeps our country safe. The Administration’s plan will do none of these things.”

Engel Statement on the Administration Withdrawing Guidelines for Transgender Students

Congressman Eliot L. Engel, a leading member on the House Energy and Commerce Committee and member of the House LGBT Caucus, issued the following statement on the Administration’s move to withdraw guidelines for transgender students in schools:

“The Administration has turned its back on the LGBT community by withdrawing Obama era guidelines that support transgender students. Discrimination under the guise of ‘states’ rights’ is nothing new for Republicans, but each time they try it it’s an affront to our sensibilities. The Administration should be working to support transgender students, not shame them. These guidelines were the result of years of careful consideration and legal analysis. Now, the Administration has undone that work on a whim.

“School officials, educators, and activists recognize the threats these young people face every day. They are frequently the victims of bullying and often suffer crippling depression as a result. That is why under President Obama we moved to treat these students with equal respect for their gender identity. Now, by revoking these guidelines, the Administration has effectively turned back the clock on these students, leaving them vulnerable once again.”