Thursday, January 28, 2021

MAYOR DE BLASIO DELIVERS 2021 STATE OF THE CITY ADDRESS

 

 Mayor Bill de Blasio: Let me tell you a story, a story about a city that bore the brunt of the COVID crisis, a city that was the epicenter, a city that was laid low, but refused to be held down. Let me tell you a story about how things change, about the way we come back, about the way we build something better. Let me tell you a tale of a new city. And this story begins with a little history.   

There were times before when we were laid low, when so many naysayers said New York City's best days were over – after the Great Depression of the 1930’s; the fiscal crisis of the 1970’s; that horrible day, 9/11/2001; after the Great Recession hit; and Hurricane Sandy. Each and every one of these horrible moments came with prophecies of doom for New York City, and yet New York City fought back. New York City found a way. New York City made something better each and every time. And where did it take us?  

 

By January of 2020, one year ago, we were at the strongest point we'd ever experienced in our history – the most jobs we had ever had in New York City, our strongest economy, record-low unemployment; our schools, better than ever – Pre-K for All, 3-K; our city and our streets, safe – crime driven down year after year, while police and community came closer together. One year ago, today, New York City was surging forward, taking all of the pain of the past and turning it into progress.  

 

And then, COVID hit. And the story could have ended there – all of our achievements, falling away. But that's not New York City. New Yorkers did what we always do. New Yorkers fought back. We created a path forward.  

 

So, in March and April, we were the epicenter of this crisis and we didn't have all the things we needed. We built our own. We created our own supplies to save lives. We built ventilators. We produce PPE. We created our own testing lab. Whatever it took, we found a way here in New York City. New Yorkers stepped up to protect each other.  

 

Then, the summer came. We went from worst to first – from the epicenter to one of the safest places in the United States of America. And to make sure we could deepen our fight against COVID, we created the largest Test and Trace Corps. in the nation, protecting thousands and thousands of New Yorkers. And when the naysayers said it couldn't be done, and when cities all over the nation dared not to try, we reopened our schools. We made them the safest places in New York City. That's our way forward. That spirit, that heart, that willingness to take on any challenge, that is how we build a new city.  

 

Together, we will drive a recovery for all of us. To do it, we have to aim high. In May, we will begin to bring back the rest of our City workers – the public servants our city depends on with a dedicated vaccination campaign. And, today, we are declaring a new goal. In June, we will reach a milestone – 5 million New Yorkers vaccinated. That is how we jumpstart a recovery for all of us. We will reach high levels of immunity to create a safer city, a city ready for a full comeback. It will be a signal to the world that the comeback is happening right here, right now. We need the supply, but, so long as it's there, New York City will lead the way.  

 

As we bring our city back, we need to bring our children back. We need to help our children reach their full potential, and that's why we'll bring our schools back fully in September. They've been the safest places in New York City, and they will be again. We'll bring our schools back for our children, but we'll also recognize all they've been through. We'll close the COVID achievement gap with new approaches to learning, using the power of digital education and the strength of our educators to reach every child with an individualized approach. It's not just about academics, it's also about the emotional needs of our children. And so, we're going to provide mental health screening for all the children of New York City. We're bringing in more social workers to serve them, creating more community schools where the whole community gets involved in helping our children. 

 

Our 2021 Student Achievement Plan reaches the whole child. And to make sure we continue to create a fair and better city, we’ll deepen our efforts to diversify our schools, changing our approach to admissions, and ensuring that every child has opportunity where before it was denied them. We’ll deepen the extraordinary pool of leadership in our public schools with a new training academy for our next generation of superintendents. We’ll harness the amazing energy that allowed New York City public schools to keep going no matter what, and we'll ensure the next school year is a transcendent moment for our children.  

 

The new city we need to build has to be a city where everyone belongs. That new city we build has to be one where everyone feels fairness and the decency they deserve. To do that, we have to transform the relationship between our police and our communities. We have to change the culture of policing, fundamentally. We know that the COVID crisis has left us with new challenges, but we overcome those challenges by bringing community closer, by deepening neighborhood policing, by ensuring there is trust. To overcome the challenge of violence fostered by the COVID crisis, we're creating a new joint force to end gun violence and fight back against shootings. This will not just be the NYPD, it'll be leaders of communities all over New York City. It means getting the community involved. It means bringing in the Cure Violence Movement and the Crisis Management System, working with district attorneys, ensuring that everyone is working together for a common purpose.  

 

We know it is only a very few who commit the violence in New York City. But with this new approach, we will identify, individual by individual, who's creating the violence that afflicts everyone else, and will bring to bear all the energies of community and law enforcement to end that violence. We’ll re-energize the Ceasefire Initiative, which has done so much good. We'll use the power of the Cure Violence Movement and the Crisis Management System to deepen its reach in our communities. We’ll double the workforce that does this crucial work, involving and engaging community members to solve community problems. We'll also ask the community to help us decide who are the best local police leaders for their neighborhood. From this point on, the selection of precinct commanders will be made with the engagement of the community. When it's time to choose a new commander, precinct council members will meet with multiple candidates and provide their views to the Commissioner, before the Commissioner decides. By bringing in these voices of the neighborhood, we'll make sure that local police leaders have the support and engagement of the communities they serve. 

 

The way forward in this city depends on trust. The forward depends on accountability. Where there is accountability there is also trust. Trust between neighborhoods and police. And that’s why we are announcing the David Dinkins Plan to expand and strengthen the Civilian Complaint Review Board. We named it after Mayor David Dinkins because he made the CCRB a reality. And this new plan takes historic steps forward. We will grant the CCRB new review powers, we’ll make sure the NYPD patrol guide is reviewed, and expand the power of the CCRB to do the kind of proactive work necessary to improve the relationship between police and community, to give people more confidence. That trust and confidence ultimately means more cooperation between community and police, and that is the way to reduce crime and violence. That is the ultimate expression of neighborhood policing.  

 

And we'll also change the value we put on community engagement, by changing the training of our police officers to focus more on a real dialogue with the community. We'll expand the People’s Police Academy, ensuring that officers are trained by neighborhood residents before they ever walk the streets of our neighborhoods. We’ll change CompStat itself, the very tool that has helped us move forward over decades. The new CompStat, CompStat 3.0, will focus deeply on efforts to engage the community, to maximize trust, to maximize neighborhood involvement in stopping crime. We'll do all the important work and the precision policing we've always done, but we'll deepen the true X-factor in the equation – the involvement of the people, the involvement of the neighborhood itself. 

 

As we tell this tale of a new city, as we drive a recovery for all of us, we will bring our city back in so many ways that you will see and feel. And one of them is, we'll create a cleaner city. We'll hire 10,000 New Yorkers, using stimulus funds, borrowing from one of the greatest initiatives of the New Deal. New York City's own Franklin Delano Roosevelt created the Civilian Conservation Corps, and we'll update that idea. The City Cleanup Corps will wipe away graffiti, power wash sidewalks, create community murals, tend to community gardens, beautify public spaces, and work with community organizations to clean their neighborhoods. This will be a cleanup blitz during the year of 2021 to help us come back strong. 

 

In our new city, we will reach those who live on our streets, a painful tragedy that we can no longer accept in New York City. So, we'll take the plan we initiated just a year ago, the Journey Home, and we'll deepen it to end street homelessness as we know it. We already today have the lowest number of New Yorkers in shelter that we've had in years. We're doing more and more to get folks the affordable housing they need, but the pain of New Yorkers living on the streets has to end once and for all, and only ends with intensive human firsthand outreach. Bringing folks off the streets and giving them a chance for new life, it only works with thousands of new Safe Haven beds, and more mental health and substance misuse services to help people find a better way. We recommit ourselves as we come out of the COVID era. And for the city to move forward, for us to tell a new story together, we all have to participate in the greatest challenge facing us ahead. 

 

Soon, the day will come when we aren't talking about the coronavirus, but we will be talking about the climate crisis. It will be the clear and present danger confronting all of us, and the only way we overcome it is to fully acknowledge the danger, and use everything we have together to stop it. And so, that means New York City has to lead the way in ending the use of fossil fuels and turning to renewable energy once and for all. We started by taking the billions of dollars in New York City pension fund investments and taking them away from fossil fuel companies that were poisoning the earth, putting that money into renewable energy development. And now, we resolve to deepen this effort by making a commitment to a $50 billion investment of our pension resources in renewable energy over the next 15 years. We will take all of our pension fund dollars away from any element of the fossil fuel supply chain and make sure those dollars are helping us create a greener future. But that's just the beginning, we need to make clear that New York City will renounce fossil fuels fully. And, therefore, we need to ban fossil fuel connections in the city by the end of this decade, literally ensuring that our only choice is renewable energy. We need to turn to renewables like never before and connect New York City to clean Canadian hydropower and invest in the transmission lines that make that possible. With this new asset, New York City’s government will run on 100 percent renewable energy in the next four years.   

  

These are the kinds of efforts that change the reality fundamentally, but we also have to change the way we live if we're going to fight climate change, and that means moving away from our cars, leaving the era of the automobile behind. We're going to make Open Streets a permanent part of New York City, giving back the streets to the people, to pedestrians and bicyclists, using them to deepen our Open Restaurants Program and create beautiful community oasis. We'll make Open Streets permanent, and we'll keep building them out more each year so New Yorkers have a better way to live, and not one that always depends on the automobile. We'll take our bridges, our iconic bridges that we see as beautiful symbols of the city – but, unfortunately, has also been part of the problem – and we'll turn them into part of the solution. For the Brooklyn Bridge and the Queensboro Bridge, we'll create new two-way protected bike lanes. We'll have space on the bridges devoted solely to clean transportation, and we'll create new bike boulevards in every borough designed to give bicycles travel priority and put cyclist safety first. These are the kind of changes that allow us to move out of the era of fossil fuels and the era of the automobile, and into a green future as part of our commitment to the New York City Green New Deal.   

  

To build a new economy, we have to have a different vision. We have to have a recovery for all of us. We have to understand that an economy that works for everyone is the only one that's acceptable after everything that we've experienced with COVID-19, after the disparities and the pain. And so, our economy increasingly will be based on the notion that health care is a human right. And the only way to build a strong society is to build a healthy society. If we ever need an example of why that matters, we've got it in the year 2020 from the coronavirus.  

 

In the years ahead, we will make New York City the public health capital of the world. We will take all of our strengths, our universities, our hospitals, our incredibly talented workforce, our entrepreneurs, our creative people, we'll take all those strengths and marry them with a vision – fairness and equality in health care. We'll take the pain that we experienced during the coronavirus crisis and use the lessons we learned to lead this country and the world in creating the new cures, and stopping the next pandemic, in building a sense of public health for everyone, in creating a public health corps., thousand strong, taking the model of our Test and Trace Corps. and making it permanent so that community-based health care and the promotion of healthy lives, the proactive, preventative efforts lead the way.   

  

We're going to create opportunities in the new economy for folks who haven't had their fair share. At Medgar Evers College, in Brooklyn – New York City's one historically Black college – we are going to create a health care career hub that focuses on training the community for the jobs that will grow from this point on, an accelerator program to jumpstart the careers of our next generation of health care workers. We'll deepen our commitment to the life sciences, an area of tremendous potential for New York City. We will invest to create a life sciences campus on the East Side of Manhattan, and then build it out all over the five boroughs. By creating LifeSci Avenue, we'll have a focal point for the life sciences industry of this city. And then, from there, so many other key areas of intense activity will grow just as we've seen with our technology sector. Today, in New York City, technology jobs account for over 350,000 New Yorkers’ livelihoods. Life sciences is going to build up fast, just as we saw with tech. We see this as an industry that could account for 100,000 jobs or more in the course of the next few years. We achieved that by investing public dollars, but also rallying and organizing the efforts of the extraordinary institutions that make New York City the single most impressive collection of talent and expertise in public health anywhere in the world. By ensuring that we become the public health capital of the world, we rebuild our economy, and we rebuild it with an eye towards fairness and sustainability.   

  

To bring back the jobs we need, we have to prioritize the communities hardest hit by COVID, and we ensure a fairer economy than we've ever seen before. We have to bend the work of government to fighting inequality. For that reason, we're going to make permanent our Task Force on Racial Inclusion and Equity. Leaders of color within the City government, building an agenda for their own communities, ensuring with urgency that every community gets its fair share. This is something that's been a game-changer in 2020, and it should be a permanent part of our government – a guarantee that equality will govern decisions. And to make sure we address the pain of the past, to make sure we uncover and attack institutional racism, I'm naming a Charter Revision Commission with a two-year mandate. This panel will act as a Racial Justice and Reconciliation Commission as well. These leaders will do the work to ensure the structural racism is identified and solutions are clarified and acted on in this city. Around the world, in moments of truth, in moments of change, nations turned to truth and reconciliation commissions. Here in New York City, we can lead the way in our nation by speaking openly of the wrongs of the past, naming them, denouncing them, turning away from them, creating new approaches and making them the law. That will be the mandate of our Charter Revision Commission.  

 

To create a recovery for all of us, we'll focus on minority- and women-owned businesses, ensuring that when New York City invests in major new efforts to create housing for our people, minority- and women-owned businesses will lead the way. We'll focus on hiring people from the communities where the housing is being built to build the new jobs of the future. We're going to work in Albany on a community hiring economic justice plan, which will give us the right when there's new development in New York City to ensure that the people hired to do the work are from the very same neighborhoods where the development takes place. For too long, New Yorkers have watched tall, shiny buildings built in their own community, and yet nothing was there for them. This law will ensure that community residents benefit not just from the new housing, but from the jobs created as well. We're going to work constantly for a fair economy, and that means we must tax the wealthy, and we must redistribute the wealth of the city to those who do the work. Even during the height of the pandemic, we saw the stock market boom. We saw 120 New York billionaires grow their net worth by $77 billion in the course of 2020. We're going to work with our colleagues in Albany to ensure that money that has been earned during this pandemic goes to those who have suffered the most. We'll join the fight for higher taxes on the wealthy and a new billionaires' tax. These are the steps that can give us the resources needed to build a recovery for all of us.   

  

The next generation of economic growth demands more than just broadband connections. 2021 will be the year of 5G in New York City. The City will aggressively expand 5G infrastructure all across the five boroughs. And we're going to help revitalize small businesses directly. We're going to set up a small business recovery tax credit to keep their doors open, and, with stimulus funds, provide struggling small businesses loans to get them back on their feet. We'll cut the fines that used to afflict our small businesses and cut the red tape that they used to have to overcome just to get their work done and give them the ability to hire our fellow New Yorkers. We saw it with the Open Restaurants Program – by simplifying, by trusting small business, we're able to bring those restaurants back and save 100,000 jobs. We'll use that same approach to help small businesses all over the five boroughs. And to jumpstart our recovery, we're going to have a massive campaign to market our city to ensure that New York City is seen all over the world as exactly what we are, a place of extraordinary strength, and energy, and drive – a place that will determine the future. The future starts here in New York City. It is the place that people need to come. It is the place where people need to invest. We will show the world day by day and bring in the help we need to grow strong. All of these things are within our reach, if we're willing to build a new city.   

  

And so, this is where the story takes us – and the story is all about the people of New York City. The strength it will take – the focus, the energy that comes from our people – the same people who fought back through COVID – comes from the heart and soul of New Yorkers, the compassion and the decency of the people of the neighborhoods of this city. If you want to know if New York City is going to come back, and come back strong, and come back better, just listen to the voices of your fellow New Yorkers. They will tell the story.  


Governor Cuomo Updates New Yorkers on State's Progress During COVID-19 Pandemic - JANUARY 28, 2021

 

8,520 Patient Hospitalizations Statewide

1,584 Patients in the ICU; 1,024 Intubated

Statewide Positivity Rate is 5.34%

162 COVID-19 Deaths in New York State Yesterday

 Governor Andrew M. Cuomo today updated New Yorkers on the state's progress during the ongoing COVID-19 pandemic.

"New York State is once again making our way down the mountain after experiencing a holiday surge," Governor Cuomo said. "Our infection and hospitalization rates are steadily declining thanks to the actions of New Yorkers, but there is still more work to be done. While more vaccines are on the way from the Biden administration, we must continue actively working to protect our hospitals and their staff to help ensure they do not become overwhelmed. We are all feeling COVID fatigue, but New Yorkers have the tools to fight the war - wear a mask, social distance and avoid gatherings."

Today's data is summarized briefly below:

  • Test Results Reported - 250,668
  • Total Positive - 13,398
  • Percent Positive - 5.34%
  • Patient Hospitalization - 8,520 (-251)
  • Patients Newly Admitted - 944
  • Hospital Counties - 56
  • Number ICU - 1,584 (+26)
  • Number ICU with Intubation - 1,024 (-3)
  • Total Discharges - 124,976 (+973)
  • Deaths - 162
  • Total Deaths - 34,742

The Department of State and Division of Consumer Protection Warn of Email Phishing Scheme

 

Scammers Use Fake Email to Try to Get Users to Click on Fraudulent Link

 The New York State Department of State and the Division of Consumer Protection today warned New Yorkers of an email phishing scheme. These illegitimate emails ask recipients to verify their profile to avoid experiencing delay and future problems in renewing their license. The messages link to a non-listed URL. Anyone who received such an email should delete it right away.  

The following is a sample of the emails sent:

From: New York Secretary Of State [mailto:smbuck@csuchico.edu]
Sent: Thursday, January 28, 2021 1:21 AM
Subject: Department Of State Important Notice

Effective January 30,2021 Department Of State,Division Of Corporations,State Andrew M Cuomo,Governor,Rossana Rosado.Secretary Of State require that all legally conduct businesses in the state should verify their profile to avoid experiencing delay and future problems in renewing their license in 2021

Please click on Validate Profile below to login to your account and begin the profile validation process.

VALIDATE PROFILE HERE

New York Secretary Of State

Note: This is an automated email. Do NOT reply to this message.

Phishing emails are fraudulent messages scammers use to obtain data or sensitive personal information. That information can be used to commit identity theft or trick the recipient into installing malicious software onto a computer or mobile device.

To help protect against phishing or smishing (SMS phishing) scams, the NYS Office of Information Technology Services (ITS) and the Division of Consumer Protection recommend the following precautions:

  • DO exercise caution with all communications you receive, including those that appear to be from a trusted entity.  Inspect the sender’s information to confirm the message was generated from a legitimate source.
  • DO keep an eye out for telltale signs of phishing - poor spelling or grammar, the use of threats, the URL does not match that of the legitimate site. If the message does not feel right, chances are it is not.
  • DON’T click on links embedded in an unsolicited message from an unverified source.
  • DON’T send your personal information via text.  Legitimate businesses will not ask users to send sensitive personal information through text message.
  • DON’T post sensitive information online.  The less information you post, the less data you make available to a cybercriminal for use in developing a potential attack or scams.

For more information on phishing scams, as well as steps to mitigate a phishing attempt, visit the NYS Office of Information Technology Services Phishing Awareness resources page at https://its.ny.gov/resources  or the Division of Consumer Protection Phishing Scam Prevention Tips page at https://www.dos.ny.gov/consumerprotection/identity_theft/protect_yourself_from_identity_theft/phishing.html.

The New York State Division of Consumer Protection serves to educate, assist and empower the State’s consumers. For more consumer protection information, call the DCP Helpline at 800-697-1220, Monday through Friday, 8:30am-4:30pm or visit the DCP website at www.dos.ny.gov/consumerprotection. The Division can also be reached via Twitter at @NYSConsumer or Facebook at www.facebook.com/nysconsumer

Senator Rivera on Attorney General’s Office Scathing Report on Nursing Homes

 

 “While the findings in Attorney General James’ scathing new report about the state’s COVID-19 response at nursing homes across New York are disturbing, I am sadly unsurprised by them. As my team and I conduct an in-depth review of the report, it is critical that the Cuomo administration finally releases accurate data on nursing home deaths, which my colleagues and I have been requesting for months. Families who lost loved ones deserve honest answers. For their sake, I hope that this report will help us unveil the truth and put policies in place to prevent such tragedies in the future.” 


Attorney General James Releases Report on Nursing Homes’ Response to COVID-19


Investigations Reveal DOH Publicly Reported Data Undercounted COVID-19 Deaths and Many Nursing Homes Failed to Comply with Critical Infection Control Policies

AG Conducting Ongoing Investigations into More Than 20 Facilities

 Attorney General Letitia James today released a report on her office’s ongoing investigations into nursing homes’ responses to the COVID-19 pandemic. Since March, Attorney General James has been investigating nursing homes throughout New York state based on allegations of patient neglect and other concerning conduct that may have jeopardized the health and safety of residents and employees.

Among those findings were that a larger number of nursing home residents died from COVID-19 than the New York State Department of Health’s (DOH) published nursing home data reflected and may have been undercounted by as much as 50 percent. The investigations also revealed that nursing homes’ lack of compliance with infection control protocols put residents at increased risk of harm, and facilities that had lower pre-pandemic staffing ratings had higher COVID-19 fatality rates. Based on these findings and subsequent investigation, Attorney General James is conducting ongoing investigations into more than 20 nursing homes whose reported conduct during the first wave of the pandemic presented particular concern.

“As the pandemic and our investigations continue, it is imperative that we understand why the residents of nursing homes in New York unnecessarily suffered at such an alarming rate,” said Attorney General James. “While we cannot bring back the individuals we lost to this crisis, this report seeks to offer transparency that the public deserves and to spur increased action to protect our most vulnerable residents. Nursing homes residents and workers deserve to live and work in safe environments, and I will continue to work hard to safeguard this basic right during this precarious time.”

Background

The Office of the Attorney General (OAG) is the only law enforcement agency in the state specifically mandated to investigate and prosecute abuse and neglect of residents in nursing homes. In early March, OAG received and began to investigate allegations and indications of COVID-19-related neglect of residents in nursing homes. At the direction of Governor Andrew Cuomo, on April 23, OAG set up a hotline to receive complaints relating to communications by nursing homes with family members prohibited from in-person visits to nursing homes and formally initiated a large-scale investigation of nursing homes’ responses to the pandemic. OAG received more than 770 complaints on the hotline through August 3, and an additional 179 complaints through November 16. OAG also continued to receive allegations of COVID-19-related neglect of residents through pre-existing reporting systems.

Overview of Findings

The report includes preliminary findings based on data obtained in investigations conducted to date, recommendations that are based on those findings, related findings in pre-pandemic investigations of nursing homes, and other available data and analysis. Based on this information and subsequent investigation, OAG is currently conducting investigations into more than 20 nursing homes across the state. OAG found that:

  • A larger number of nursing home residents died from COVID-19 than DOH data reflected;
  • Lack of compliance with infection control protocols put residents at increased risk of harm;
  • Nursing homes that entered the pandemic with low U.S. Centers for Medicaid and Medicare Services (CMS) Staffing ratings had higher COVID-19 fatality rates;
  • Insufficient personal protective equipment (PPE) for nursing home staff put residents at increased risk of harm;
  • Insufficient COVID-19 testing for residents and staff in the early stages of the pandemic put residents at increased risk of harm;
  • The current state reimbursement model for nursing homes gives a financial incentive to owners of for-profit nursing homes to transfer funds to related parties (ultimately increasing their own profit) instead of investing in higher levels of staffing and PPE;
  • Lack of nursing home compliance with the executive order requiring communication with family members caused avoidable pain and distress; and
  • Government guidance requiring the admission of COVID-19 patients into nursing homes may have put residents at increased risk of harm in some facilities and may have obscured the data available to assess that risk.

Undercounting of COVID-19 Deaths in Nursing Homes

Preliminary data obtained by OAG suggests that many nursing home residents died from COVID-19 in hospitals after being transferred from their nursing homes, which is not reflected in DOH’s published total nursing home death data. Preliminary data also reflects apparent underreporting to DOH by some nursing homes of resident deaths occurring in nursing homes. In fact, the OAG found that nursing home resident deaths appear to be undercounted by DOH by approximately 50 percent.

OAG asked 62 nursing homes (10 percent of the total facilities in New York) for information about on-site and in-hospital deaths from COVID-19. Using the data from these 62 nursing homes, OAG compared: (1) in-facility deaths reported to OAG compared to in-facility deaths publicized by DOH, and (2) total deaths reported to OAG compared to total deaths publicized by DOH.

In one example, a facility reported five confirmed and six presumed COVID-19 deaths at the facility as of August 3 to DOH. However, the facility reported to OAG a total of 27 COVID-19 deaths at the facility and 13 hospital deaths — a discrepancy of 29 deaths.

Lack of Compliance with Infection Control Policies

OAG received numerous complaints that some nursing homes failed to implement proper infection controls to prevent or mitigate the transmission of COVID-19 to vulnerable residents. Among those reports were allegations that several nursing homes around the state failed to plan and take proper infection control measures, including:

  • Failing to properly isolate residents who tested positive for COVID-19;
  • Failing to adequately screen or test employees for COVID-19;
  • Demanding that sick employees continue to work and care for residents or face retaliation or termination;
  • Failing to train employees in infection control protocols; and
  • Failing to obtain, fit, and train caregivers with PPE.

For instance, OAG received a complaint that at a for-profit nursing home located north of New York City, residents who tested positive for COVID-19 were intermingled with the general population for several months because the facility had not yet created a “COVID-19 only” unit. At another for-profit facility on Long Island, COVID-19 patients who were transferred to the facility after a hospital stay and were supposed to be placed in a separate COVID-19 unit in the nursing home were, in fact, scattered throughout the facility despite available beds in the COVID-19 unit. This situation was allegedly resolved only after someone at the facility learned of an impending DOH infection control visit scheduled for the next day, before which those residents were hurriedly transferred to the appropriate designated unit.

OAG received reports that nursing homes did not properly screen staff members before allowing them to enter the facility to work with residents. Among those reports, OAG received an allegation that a for-profit nursing home north of New York City failed to consistently conduct COVID-19 employee screening. It was reported that some staff avoided having their temperatures taken and answering a COVID-19 questionnaire at times when the screening station at the facility’s front entrance had no employees present to take that information or when staff entered the facility through a back entrance, avoiding the screening station altogether.

At yet another facility in Western New York, a nurse reported to OAG that immediately prior to the facility’s first DOH inspection in late April, a nurse supervisor had set up bins in front of the units with gowns and N95 masks to make it appear that the facility had an adequate supply of appropriate PPE for staff. The nurse alleged that the nurse supervisor came in to work unusually early the day of the first inspection and brought out all new PPE and collected all of the used gowns. Although the initial DOH survey conducted that day did not result in negative findings, DOH returned to the facility for follow-up inspections, issued the facility several citations, and ultimately placed the facility in “Immediate Jeopardy.”

Nursing Home with Low Staffing Ratings Had Higher Fatality Rates

There are 619 nursing homes in New York, and 401 of these facilities are for-profit, privately owned, and operated entities. Of the state’s 401 for-profit facilities, more than two-thirds — 280 nursing homes — have the lowest possible CMS Staffing ratings. The Staffing rating reflects the number of staffing hours in the nursing department of a facility relative to the number of residents. As of November 16, 3,487 COVID-19 resident deaths (over half of all deaths) occurred in these 280 facilities. Some of these facilities have also been known to transfer facility funds to owners and investors, rather than use them to invest in additional staffing to care for residents.

Pre-existing, insufficient staffing levels put residents and staff at increased risk of harm during the pandemic. As nursing home resident and staff COVID-19 infections rose during the initial wave of the pandemic, staffing absences increased at many nursing homes. As a result, already-low staffing levels decreased even further, to especially dangerous levels in some homes, even as the need for care increased due to the need to comply with COVID-19 infection control protocols and the loss of assistance from family visitors. OAG’s preliminary investigations reflect many examples where for-profit nursing homes’ pre-pandemic low staffing model simply snapped under the stress of the pandemic.

OAG received a complaint from a resident’s son about a for-profit nursing home in New York City alleging that his mother was not receiving proper care because of critically low staffing levels at the facility. His mother was never tested for COVID-19, but later died while exhibiting COVID-19 symptoms. Between late March and early April, the facility was so understaffed due to staff quarantining, working from home, and pre-existing low staffing, that the onsite management of the entire facility was left in the hands of just two nurse supervisors. During the week of April 5, 33 residents died at that facility, 15 percent of all its residents.

In addition, preliminary investigations indicate that when there were insufficient staff to care for residents, some nursing homes pressured, knowingly permitted, or incentivized existing employees who were ill or met quarantine criteria to report to work and even work multiple consecutive shifts, in violation of infection control protocols. These policies put both residents and staff at great risk.

Immunity Provisions

Despite these disturbing and potentially unlawful findings, due to recent changes in state law, it remains unclear to what extent facilities or individuals can be held accountable if found to have failed to appropriately protect the residents in their care.

On March 23, Governor Cuomo created limited immunity provisions for health care providers relating to COVID-19. The Emergency Disaster Treatment Protection Act (EDTPA) provides immunity to health care professionals from potential liability arising from certain decisions, actions and/or omissions related to the care of individuals during the COVID-19 pandemic. While it is reasonable to provide some protections for health care workers making impossible health care decisions in good faith during an unprecedented public health crisis, it would not be appropriate or just for nursing homes owners to interpret this action as providing blanket immunity for causing harm to residents.

In order to ensure no one can evade potential accountability, Attorney General James recommends eliminating these newly enacted immunity provisions.

Attorney General James encourages anyone with information or concerns about nursing home conditions to file confidential complaints online or by calling 833-249-8499.

This report is the collective product of investigative work undertaken since March 2020 by the Medicaid Fraud Control Unit's (MFCU) 275 attorneys, forensic auditors, police investigators, medical analysts, data scientists, electronic investigation team, legal assistants, and support staff in eight offices across New York. MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. MFCU is a part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General for Criminal Justice José Maldonado and overseen by First Deputy Attorney General Jennifer Levy.

MFCU receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $60,071,905 for Federal fiscal year (FY) 2019-20, of which $45,053,932 is federally funded. The remaining 25 percent of the approved grant, totaling $15,017,973 for FY 2019-20, is funded by New York state. Through MFCU’s recoveries by means of law enforcement actions and civil enforcement actions, it regularly returns more to the state than it receives in state funding.

Three Defendants Charged In Methamphetamine Ring

 

 Audrey Strauss, the United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Geraldine Hart, Commissioner of the Suffolk County Police Department (“SCPD”), announced a criminal Complaint charging three defendants with narcotics and firearms offenses.  JOSEPH SWEENEY, JASMINE TABAK, and KEVIN TURNER, a/k/a “Tex,” were arrested yesterday on Long Island, New York, and will be presented today in Manhattan federal court.

U.S. Attorney Audrey Strauss said:  “As alleged in the Complaint, the defendants were responsible for trafficking large quantities of methamphetamine throughout New York City.  Thanks to the extraordinary work of our partners at the FBI and the Suffolk County Police Department, the defendants now face federal charges for their alleged crimes.” 

FBI Assistant Director William F. Sweeney Jr. said:  “As this case demonstrates, illegal narcotics continue to plague our communities.  As alleged, Sweeney, Tabak, and Turner conspired to distribute methamphetamines, and Sweeney brandished a firearm in furtherance of his crimes.  Our action today should demonstrate the FBI’s Long Island Safe Streets Task Force, working together with our partners from the Suffolk County Police Department, remains committed to protecting the public from those who would seek to perpetuate the damage caused by the distribution of illegal narcotics.”

Suffolk County Police Commissioner Geraldine Hart said:  “A highly addictive and dangerous stimulant, methamphetamine cannot be trafficked in our communities.  This trio allegedly spent months distributing poison into the hands of the addicted, furthering the damaging impacts of narcotics in countless families’ lives.  I would like to commend the Southern District of New York, the FBI, and the members of the SCPD who took these dangerous individuals off the street and held them accountable for their alleged crimes.”

According to the allegations contained in the Complaint:[1]

From at least 2020 up to an including the present, defendants SWEENEY, TABAK, and TURNER conspired to distribute large quantities of methamphetamine, some of which was obtained from suppliers in New York, New York.  Law enforcement officers seized at least approximately 1.5 kilograms of methamphetamine from SWEENEY, TABAK, and TURNER during controlled purchases and a parcel seizure.  In multiple recorded conversations with an undercover law enforcement officer and a cooperating witness, SWEENEY claimed that TURNER manufactured methamphetamine at SWEENEY’s Suffolk County residence.

On November 23, 2020, SWEENEY was arrested in Suffolk County after law enforcement officers observed SWEENEY engage in a hand-to-hand narcotics sale.  In connection with the November 23, 2020, arrest, law enforcement officers seized methamphetamine and a loaded .38 caliber revolver from SWEENEY.  In addition, on January 18, 2021, in connection with an undercover purchase of methamphetamine, TURNER told an undercover law enforcement officer that SWEENEY pointed a 9mm firearm at TURNER’s head because SWEENEY suspected that the undercover was a law enforcement officer.

SWEENEY, 39, TABAK, 34, and TURNER, 43, all from Bayport, New York, are each charged with one count of conspiracy to distribute, or possess with intent to distribute, methamphetamines, a charge that carries a maximum term of life in prison and a mandatory minimum term of 10 years in prison.  In addition, SWEENEY, is charged with one count of possessing a firearm during and in relation to a drug trafficking offense, which carries a mandatory minimum term of five years in prison, to be served consecutively to any other sentence.

Ms. Strauss praised the outstanding investigative work of the SCPD and the FBI’s Long Island Resident Agency.

This case is being handled by the Office’s Narcotics Unit.  Assistant United States Attorneys Benjamin Woodside Schrier and Emily A. Johnson are in charge of the prosecution.

The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.                        

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

NYS Office of the Comptroller DiNAPOLI ISSUES PRELIMINARY ANALYSIS OF 2021-22 EXECUTIVE BUDGET

 

 The Executive Budget for State Fiscal Year (SFY) 2021-22 relies on a range of actions to respond to the pandemic as well as eliminate a looming gap – spending cuts, new revenues, use of fund balances and increased borrowing – demonstrating the need for significant federal aid, according to an initial analysis by New York State Comptroller Thomas P. DiNapoli.

DiNapoli’s analysis noted that federal funds are being used to pay for operating expenses typically covered by the General Fund, which could lead to greater out-year gaps and worsen the state’s structural imbalance between revenue and spending. He also questioned whether certain debt proposals were necessary.

“The pandemic has caused unimaginable suffering and loss, and its ongoing toll is dauntingly unquantifiable as the crisis rages,” DiNapoli said. “As the proposed budget makes clear, New York has been hit hard. The consequences of the pandemic will be with us for a long time and federal funds have been essential in shoring up the state’s finances, but more is needed. While the outlook for state tax revenues has improved somewhat, any shortfall in anticipated federal assistance would drive undesirable budgetary choices that hurt New Yorkers.”

The budget authorizes the director of the Division of the Budget (DOB) to impose across-the-board cuts to local assistance, including Medicaid and other essential services during SFY 2021-22. The budget raises taxes on high earners, delays tax reductions for middle class families, and cuts state funding for local governments and state agency operations.

Federal Aid and State Spending

Federal aid has helped avert devastating state spending cuts and loss of services in the current fiscal year. The Financial Plan estimates spending from federal operating aid will total $76.6 billion in SFY 2020-21, up 30.2 percent from the prior year, largely reflecting measures enacted in 2020. This spending is expected to total $72.3 billion in SFY 2021-22, a decline of 5.6 percent.

The budget reflects the expectation that the state will be allocated an additional $6 billion in unrestricted federal relief and stimulus aid over the next two fiscal years: $3 billion each in SFYs 2021-22 and 2022-23. The budget would be deemed “unbalanced” if less than $3 billion is received as of Aug. 31, 2021. If that occurs, spending from local assistance appropriations would then be withheld across-the-board by the budget director, with exceptions. If implemented, these cuts would compound the challenges facing local governments, not-for-profit service providers and others.

In several other major areas of spending, federal funds allocated via the stimulus acts enacted to date are used to offset significant state aid cuts or spending. DOB has indicated that if $15 billion in additional unrestricted federal funds were allocated to New York state, rather than the $6 billion assumed in the Financial Plan, some of the proposed state spending cuts and tax increases could be avoided.

Medicaid spending pressures have mounted through the pandemic, with enrollment growing by nearly 12 percent in SFY 2020-21 to about 6.8 million (as of November 2020). The budget continues the authorization granted in SFY 2019-20 for the budget director to impose across-the-board Medicaid cuts, including $467 million in SFY 2021-22 and again in SFY 2022-23. The Financial Plan anticipates the state receiving $3.5 billion in enhanced Federal Medical Assistance Percentage (FMAP) funding in SFY 2020-21, and at least $995 million in the coming fiscal year. Given this, it will be essential for the federal government to continue enhanced FMAP funding indefinitely. If this federal support disappears, the state will be faced with difficult choices to fill the gap, putting New York's most vulnerable residents at risk. 

The budget reduces state support for school districts by $607 million, or 2.1 percent, on a school year basis. Among the most significant changes, the budget proposes to combine $3.7 billion in certain expenditure-based aids into a single block grant and cut funding by $392.5 million, or 10.5 percent. It also proposes a recurring “local district funding adjustment” reduction totaling $1.35 billion, offset by a one-time allocation of $3.85 billion in additional federal stimulus funds, which can be used through Sept. 30, 2023.

The budget proposes to eliminate Aid and Incentives for Municipalities (AIM) for towns and villages, leaving cities the only class of local governments funded by the program. Overall AIM funding for cities is reduced 5 percent, to $617 million, with reductions varying by city in a range of 2.5 percent to 20 percent. This would continue a trend in recent years of flat or declining AIM funding and further shrink the state’s unrestricted funding to municipalities, increasing pressure on local tax bases. AIM-related payments would now be made to towns and villages from a withholding and redirection of county sales tax revenue. These payments would be reduced by 20 percent.

Debt

Total state-supported debt outstanding would increase by more than $8 billion or 13.4 percent in the coming year to $67.7 billion, and by another $8.8 billion over the next two years, largely to support MTA capital spending. The budget proposes short-term borrowing options at the same $11 billion authorization level as was enacted in SFY 2020-21. 

The budget proposes to bypass protections put in place to curtail the state’s use of debt and limit costs by suspending the state’s statutory caps on debt and debt service for debt issued in the new fiscal year, as was first done in SFY 2020-21. It also suspends for SFY 2021-22 the 30 year maximum term limitation established in the Debt Reform Act for state-supported debt. Excluding short-term note issuances for cash flow needs and the proposed refinancing of New York City Sales Tax Asset Receivable Corporation (NYC STARC) bonds with state-supported debt, this would omit approximately $19.5 billion in new money debt issuances from the state’s debt cap during the two years.

While the factors that drove the need for short-term borrowing in 2020 have not disappeared, the level of concern has diminished due to reduced uncertainty and improved financial outlook. This calls into question the necessity of these proposals, especially at the proposed levels. Also, continuing to circumvent laws established to promote responsible and sustainable debt practices is troubling.

Taxes and Other Revenues

DOB increased its tax receipt projections by $8.2 billion in SFY 2021-22; $8.7 billion in SFY 2022-23, and $8 billion in SFY 2023-24 relative to Mid-Year estimates. The increased projections reflect tax receipts through December that were higher than earlier DOB estimates, a better economic outlook, and the impact of revenue proposals in the Executive Budget.

The budget imposes a Personal Income Tax (PIT) surcharge on taxpayers with incomes over $5 million for three years, with top tax rates increasing at varying amounts, up to 10.82 percent for incomes above $100 million. The budget also delays the next step of the middle class tax cuts that started in 2018 and extends the current, temporary top rate of 8.82 percent for one year, resulting in a projected revenue increase of $1.9 billion in SFY 2021-22.  

It authorizes mobile sports wagering through one of the four currently licensed casinos, with projected revenues of $49 million in SFY 2021-22 and nearly $500 million by SFY 2024-25. The budget also legalizes adult use of marijuana. Receipts of $20 million are projected in SFY 2021-22, increasing to $350 million when fully effective in SFY 2025-26, with funds to be set aside annually, starting with $10 million in SFY 2022-23, for programs in communities affected by previous criminalization of marijuana. 

Financial Plan Overview

Relative to its October 2020 Mid-Year projections, DOB has raised its forecast for overall tax receipts by $3.3 billion in the current year, which would still leave the total $5.1 billion below receipts in the previous year.

All Funds disbursements would increase by $213 million (0.1 percent), to $192.9 billion in SFY 2021-22, after an expected 11.4 percent increase this year, covered largely by one-time federal aid. All Funds receipts are expected to decline in the coming year by $3.8 billion (2 percent) to $189.7 billion, primarily due to declining federal aid and $4.5 billion in proceeds received from short-term borrowing in SFY 2020-21 that is not expected in the coming fiscal year. State Operating Funds disbursements are projected to increase by $1.2 billion (1.2 percent) to $103.4 billion, reflecting federal funds supplanting state funds for school aid and other factors. 

General Fund Closing Balance and Reserves

The Financial Plan projects the General Fund will end the year with a $7.2 billion balance, compared to $16.6 billion as of Dec. 31, due, in part, to the repayment of $3.4 billion from short-term borrowing earlier in the year.

In SFY 2021-22, the General Fund balance is expected to decline to $5.7 billion by the end of the fiscal year, a decline of 36 percent since March 2020 and the lowest year-end balance since SFY 2013-14. Statutorily restricted reserves of $2.5 billion, primarily rainy day reserves, are expected to be preserved, with no additional deposits planned. 

Out-year Budget Gaps

The budget projects $48.6 billion in cumulative General Fund gaps over the five fiscal years through SFY 2024-25, including the current fiscal year, before proposed actions. After Executive Budget actions, cumulative out-year gaps would total $17.5 billion.

Analysis of the budget by the Office of the State Comptroller continues and a report will be issued in the coming weeks.

DEC RELEASES PROPOSED REGULATION TO PROHIBIT PESTICIDES CONTAINING CHLORPYRIFOS

 

Banning Pesticides That Contain Chlorpyrifos Fulfills Governor Cuomo’s Directive, Protects New Yorkers from Potential Health Impacts, and Safeguards Environment and Pollinators

 New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today announced the release of a proposed regulation to prohibit the sale, distribution, possession, and use of pesticide products containing the active ingredient chlorpyrifos. Governor Andrew M. Cuomo directed DEC to ban chlorpyrifos, an organophosphate pesticide, in December 2019 to safeguard public health and protect environmental resources, particularly pollinators. The proposed regulation is in today’s State Register and DEC is accepting public comments on the proposal from Jan. 27 through April 5, 2021. 

Commissioner Seggos said, "Directed by Governor Cuomo, New York is at the forefront of environmental leadership and among the first states in the nation to ban pesticides containing chlorpyrifos. The release of the proposed regulation today is further evidence of New York’s sustained commitment to protecting our communities and the environment and I encourage interested New Yorkers to review and comment on the proposal.” 

This proposed regulation will add chlorpyrifos to the list of prohibited pesticides in 6 NYCRR 326.2(c) of New York’s pesticide registration regulations. Scientific research has shown that chlorpyrifos can harm the development of the nervous systems of infants and young children. Prenatal exposure to organophosphates can result in diminished cognitive ability, delays in motor development, and Attention Deficit/Hyperactivity Disorder (ADHD). 

Information concerning the review process, proposed rulemaking, and supporting documents can be accessed from DEC’s website at: https://www.dec.ny.gov/regulations/propregulations.html#public or at DEC, 625 Broadway, Albany, NY 12233. To review the documents at DEC’s Central Office, call Melissa Treers for an appointment at (518) 402-8678 or email Melissa.Treers@dec.ny.gov. To submit written comments via email, write to chlorpyrifosregs@dec.ny.gov with “Comments on Proposed Part 326” in the subject line of the email. Comments submitted by mail should be sent to DEC’s Pesticide Enforcement & Compliance Assurance Section, NYSDEC, Division of Materials Management, 625 Broadway, Albany, NY 12233-7254. DEC is accepting public comments on the proposed regulation through April 5, 2021. 

The application of pesticides must be done in a manner that is protective of public health and the environment and New York State’s pesticide regulatory program is a national leader in the review and registration of pesticides, implementation of regulatory controls, and the enforcement of the worker protection standard. State law affords DEC with a broad range of regulatory powers including the ability to restrict the use of a pesticide and revoke pesticide registrations. 

To complement this regulation, DEC cancelled the registration of 29 pesticides containing chlorpyrifos on Dec. 31, 2020, and is cancelling the registration of the remaining 15 pesticides as of July 31, 2021. Following cancellation, a pesticide can no longer be sold, distributed, or used in New York State. In addition, these canceled pesticides cannot be stored after the manufacturer’s container has been opened. DEC recommends the public to check the New York State pesticide registration status of these products on the New York State Pesticide Administration Database at https://www.dec.ny.gov/nyspad/?0. If the pesticide is not currently registered in New York State, consult with pesticide distributors or the manufacturer to determine the appropriate options for removal or disposal of the pesticide. 

In addition, DEC is holding a virtual public comment hearing for the proposed rule at 6 p.m. on March 30. The electronic webinar format is reasonably accessible to persons with impaired mobility. Instructions on how to join the hearing, how to provide an oral statement, and how to register is available at https://www.dec.ny.gov/chemical/121988.html. Contact DEC at (518) 402-9003 with any additional questions regarding the virtual hearing.