Executive Order No. 26: Declaring a Disaster Emergency in the State of New York

 

WHEREAS, on December 22, 2022 and continuing thereafter, a severe winter storm is expected to create hazardous conditions in New York State posing an imminent danger to public transportation, utility service, public health, and public safety systems statewide;

WHEREAS, the storm is anticipated to produce blizzard-like conditions, high winds, extreme drop in temperatures and flash freezing, and coastal and lakeshore flooding resulting in road closures, travel disruptions, power outages, and damage to public and private property throughout the State, which pose a threat to the public health and safety;

NOW, THEREFORE, I, KATHY HOCHUL, Governor of the State of New York, by virtue of the authority vested in me by the Constitution of the State of New York and Section 28 of Article 2-B of the Executive Law, do hereby find that a disaster is imminent for which the affected local governments are unable to respond adequately. Therefore, I hereby declare a State Disaster Emergency effective December 23, 2022 for the entire State of New York. This Executive Order shall be in effect through January 22, 2023; and

FURTHER, pursuant to Section 29 of Article 2-B of the Executive Law, I direct the implementation of the State Comprehensive Emergency Management Plan and authorize, effective December 23, 2022, State agencies as necessary, and the American Red Cross, to take appropriate action to protect State property and to assist affected local governments and individuals in responding to and recovering from this disaster, and to provide such other assistance as necessary to protect the public health and safety;

IN ADDITION, this declaration satisfies the requirements of 49 C.F.R. 390.23(a)(l)(A), which provides relief from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations (FMCSR). Such relief from the FMCSR is necessary to ensure that crews can clear vital roadways and hasten the movement of utility power restoration crews into New York State;

FURTHER, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necessary to cope with the disaster emergency, I hereby temporarily suspend or modify, for the period from the date of this Executive Order through January 22, 2023, the following laws:

• Section 97-G of the State Finance Law, to the extent necessary to purchase food, supplies, services, and equipment or furnish or provide various centralized services to assist affected local governments, individuals, and other non-State entities in responding to and recovering from the disaster emergency;
• Section 112 of the State Finance Law, to the extent consistent with Article V, Section I of the State Constitution, and to the extent necessary to add additional work, sites and time to State contracts;
• Section 163 of the State Finance Law and Article 4-C of the Economic Development Law, to the extent necessary to purchase commodities, services, technology and materials without following the standard notice and procurement processes;
• Section 136-a of the State Finance Law, to the extent necessary to combine design and construction services in one contract and/or to obtain design and construction inspection services to respond to and to recover from the disaster emergency;
• Section 38 (1),(2) and (3) of the Highway Law to the extent necessary to authorize the award of emergency contracts;
• Sections 375, 385 and 401 of the Vehicle and Traffic Law to the extent that exemption for vehicles validly registered in other jurisdictions from vehicle registration, equipment and dimension requirements is necessary to assist in preparedness and response to the emergency;
• Section 107.1 of Title 21 of the New York Codes, Rules and Regulations, to the extent necessary to provide the Governor with the authority to regulate traffic and the movement of vehicles on roads, highways, and streets; and
• Section 359-a and Section 2879 of the Public Authorities Law to the extent of allowing the New York State Thruway Authority to purchase necessary goods and services without following the standard procurement processes.

G I V E N under my hand and the Privy Seal of the State in the City of Albany this twenty-second day of December in the year two thousand twenty-two.

BY THE GOVERNOR

Secretary to the Governor

Attorney General James Secures Over $2 Million in Medicaid Settlement from Western New York Doctor to Resolve Findings of Illegal Billing

 

 New York Attorney General Letitia James today announced that her office has reached a civil settlement with Dr. David B. DiMarco, M.D. and his companies D.B. DiMarco, M.D., P.C. (D.B. DiMarco) and DiMarco Vein Centers LLC (DiMarco Vein Centers), securing more than $2 million for Medicaid. The settlement resolves an investigation by the Office of the Attorney General (OAG) into illegal Medicaid billing practices for vein treatments performed by Dr. DiMarco. The OAG found that Dr. DiMarco submitted more than 1,000 claims for procedures to Medicaid without sufficient documentation to show what procedures were actually performed or why the procedures were medically necessary, resulting in overpayment of Medicaid reimbursement. As a result of the settlement announced today, DiMarco will pay $2,139,037 to Medicaid and he will also withdraw from the New York State Medicaid program.

“When providers scam Medicaid, they take resources and medical care away from New Yorkers in need,” said Attorney General James. “My office investigated Dr. DiMarco’s illegal billing practices, and now we are returning more than $2 million in critical funding to the Medicaid program. My office will continue to hold Medicaid providers accountable to ensure we protect the integrity of this critical program.”

Dr. DiMarco owns D.B. DiMarco and DiMarco Vein Centers, medical practices with several locations in Western New York, including Lakewood, Olean, and Ellicottville.

The OAG found that, between March 2015 and October 2021, Dr. DiMarco submitted claims to Medicaid for procedures without adequate documentation. The OAG investigation into these claims found that Dr. DiMarco’s records did not show which procedures were actually performed, nor did they indicate why the procedures were medically necessary and thus eligible for Medicaid reimbursement.

The investigation was initiated by MFCU Lead Data Scientist Si Lok Chao, under the supervision of Director of Data Analytics Michael Wassell, and was conducted by Research Analyst Brandon Andrews and Detective Investigator Chris Canfield, under the supervision of Detective Supervisor James Zablonski and Deputy Chief Investigator William Falk. Both the investigation and settlement were handled by Special Assistant Attorneys General Soo-young Chang of the MFCU Buffalo Regional Office and Logan J. Gowdey of the MFCU Civil Enforcement Division. The Buffalo Regional Office is led by Buffalo Regional Director Maura O’Donnell and the Civil Enforcement Division is led by Civil Enforcement Division Chief Alee N. Scott. MFCU is a part of the Division for Criminal Justice and is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. The Division for Criminal Justice is overseen by Chief Deputy Attorney General José Maldonado and First Deputy Attorney General Jennifer Levy.

Reporting Medicaid Provider Fraud: MFCU defends the public by addressing Medicaid provider fraud and protecting nursing home residents from abuse and neglect. If you have information about Medicaid provider fraud or know about abuse or neglect of a nursing home resident, please file a confidential complaint online or call the MFCU hotline at (800) 771-7755. If the situation is an emergency, please call 911.

Scaling Nature opens January 19th at BRAC Gallery

Photo: Michele Brody, Nature in Absentia: A Lost Marshland, Handmade paper

Bronx River Art Center Presents Scaling Nature Curated by Gail Nathan Artists: Michele Brody, Wildriana Paulino, Linda Cunningham Exhibition Dates: January 19 to March 4, 2023 The following events will be presented in conjunction with “Scaling Nature” Opening Reception: Thursday, January 19th 6:30-8:30pm Paper Making Community Workshop: Friday, Feb. 03, 3:30-5:30pm (as part of BRAC’s new “Open Studios Fridays”) Artist Talk: IN CONVERSATION Thursday, February 9th 5:30-7:00pm The Bronx River Art Center will open its 2023 exhibition season with “Scaling Nature”, a show of large-scale mixed-media installation works by three artists: Michele Brody, Linda Cunningham and Wildriana Paulino. BRAC’s Executive Director, Gail Nathan, curated this show to present visual art that operates in, or reflects, the monumental scale that the natural world encompasses. From the vast whirlwinds of hurricanes expressed by Linda Cunningham’s immense painting, to the tornado-like force of Wildriana Paulino’s spiraling translucent objects, to Michele Brody’s sheets of dried pulp with Cattails in relief capturing the subtle loss of natural species from our daily lives, these massive artworks invite the viewer to be personally engulfed by a feeling of being one with nature, but at the same time wary of the effects of climate change and pollution on our “environment” and our beings. These three artists present the power of nature to both nurture and destroy through the use of materials from the ephemeral to the concrete. Paulino and Brody work with cast handmade paper that by virtue of their lightweight  medium can suspend from the gallery ceiling to command the spaces that their works fill. Paulino’s piece depends upon natural light, which in this exhibit is provided by the gallery’s large south-facing windows, to unveil through its translucent films mother nature’s link to humans. Michele Brody’s solid sheets outlining the forms of native plants, represent how multiple species of the natural world are in peril of extension due to Climate Change. And Linda Cunningham’s sculptures of repurposed wood and steel rise up from the floor to highlight the futility of trying to protect ourselves from the inevitable entropy of nature. “Scaling Nature” takes advantage of our 12 foot ceilings, large open space and natural light to present sculptural works that invite the viewer to walk into, around and through monumental forms that carry messages of both warning and hope.

Click Here to RSVP for Exhibition Events

Photo: Wildriana Paulino, Maternity Figure/Figura materna, Handmade paper, soil, human hair, wool and metal

Artist Statements: Michele Brody  For “Scaling Nature” I will premier the installation “Nature in Absentia: A Lost Marshland,” which illustrates how the loss of natural biodiversity in The Bronx is in stark contrast to the borough’s ever expanding racial and cultural diversity. The installation will be a 9' high by 8.5' diameter cyclorama composed of extra-large hanging sheets of double-sided handmade paper depicting local Cattails (Typha latifolia) cast in relief with regenerated pulp made from non-native/invasive phragmites reeds (Phragmites australis.) The exterior of the cyclorama will represent a well-lit healthy marshland that the public will be invited to walk around towards a narrow entrance into a darkened interior revealing an environment in distress. The only Illumination will be the flickering light of a video floor projection featuring mass migrations of goods, animals, plants and people over bodies of water, as well as by the gallery lights filtering through the sheets of paper. Thr vio transform the once solid surface with an eerie glow, revealing deep empty caverns left behind where the cast cattails were excavated, signifying being taken over by the phragmites. The inspiration behind “Nature in Absentia: A Lost Marshland” is to deconstruct the tradition of referring to species in relationship to specific locales as either native/indigenous or invasive/exotic. These terms have a way of suggesting that they cannot find a way to live in harmony together, which in many ways mirrors the same situation with humans over environmental justice issues and community diversity. With the current climate crises causing more extreme weather events people are forced to migrate to safer environs, Hstorical notions of demonizing non-natives as invasive has reached a reckoning point with mass migrations from climate change, as well as political and economic upheavals. Linda Cunningham My work deals with issues of time, transience, contradictions, and compelling environmental concerns framed through urban blight and the threat posed by the loss and alterations of the natural environment. I often transform found structural remnants and industrial materials as a kind of “urban mining” as aesthetic and metaphoric evidence of the transitory nature of man-made structures. The sculptural pair, “Sculptural Transformations”, were built from 4” thick red pine structural beams, rescued as they headed to a dumpster where an historic structure in lower Manhattan was gutted. The twisted steel I Beams were also headed for the scrap yard. The red pine was almost logged out and no longer available as a building material. Torn edges and bifurcated sections of the large canvas, titled “The Force,” merge entropic, turbulent, fractured perspectives. The work responds to the extraordinary increasing force & frequency of the hurricanes & tornadoes but also the un-known black holes, and random comets. Wildriana Paulino For “Scaling Nature” I will present an installation titled “Decandencia” of 23 cast bronze figures laid our on 30 running feet of baseboard along the exhibition wall. Next to this installation I will also hang Maternity Figure / Figura materna. Utilizing materials of organic origins, Maternity Figure proposes the reconnection with the Earth as the mother of everything that surrounds us. Recognized as Pachamama by Andean indigenous communities, Ishtar by Mesopotamians, and Gaia by the Greeks, the ever-evolving connection between humans and earth presents a record of human life passages. Suspended from the ceiling, a spiral holds hundreds of pieces of paper containing hair, soil, and wool. With the experience of light and movement, these materials intermingle and transport us to the imaginary spiral of existence. Through its shape, the spiral reminds us of the womb, of paths, and continuity. Maternity Figure presents its account of life passages as an anachronistic event. The layering of compositions in the spiral does not hold a specific order. Just like life itself, events happen simultaneously, and layer together to create a path that becomes ever-evolving in its organic and sporadic nature. By walking through the narrow path of the spiral, our bodies envelop in a multitude of compositions. The space between our bodies and the paper becomes one of intimacy. We grow aware of the space our bodies occupy in the literal spiral of life, and through this realization, we become once again entrapped in a close relationship with what we once were and will be again: earth. This piece comes to BRAC after recently being exhibited in the New York Latin American Art Triennial 2022, Governors Island, NYC.

Click Here to RSVP for Exhibition Events

Photo: Linda Cunningham, Sculptural Transformations, Wood and steel

Artist Bios: Michele Brody’s long-term project “Nature in Absentia” is being produced as part of a virtual residency with the US Forest Service Urban Field Station. Since completing her MFA at the Art Institute of Chicago’s Fibers and Material Studies Department in 1994, she has maintained a full-time studio/exhibition practice as a mixed-media community-based environmental artist in France, Germany, Costa Rica, Taiwan, Chicago and in her current home of NYC and The Bronx. Recent one-person shows include Saint Michael's College in Colchester, Vermont, the Bronx Museum and the artist-run spaces JVS Project Space and AAA3A. Brody completed two public art commissions in The Bronx for the MTA and DOE in 2006. In 2011 she was awarded Best 3-D Entry at the international Art Prize competition in Grand Rapids, Michigan. She has received numerous grant or residency in her career as a professional artist from: the Pollock/ Krasner Foundation; NYFA; NYSCA; LMCC; Bronx Council on the Arts; Skowhegan; Headlands Center for the Arts; Ox-Bow; Sharpe-Walentas Studio Program and most recently at Wave Hill Garden; BronxArtSpace; and at Hospitalfield in Scotland.  Linda Cunningham is a New York City based artist who exhibits extensively both in New York and Germany, and had recent one-person exhibitions with ODETTA Gallery (2019, 2017, 2015) and the Bronx Museum (2016/17 and 2010). Other one-person exhibitions include Abington Art Center, Philadelphia; the Fundacion Euroidiomas, Lima, Peru; and the Statt Museum, Cologne Germany. Cunningham’s monumental public sculptural installations and alternative memorials are permanently sited in Cologne, Kassel, Bad Hersfeld Cornberg, all in Germany; City of Sculpture, Hamilton, Ohio; Grounds for Sculpture, Hamilton, N.J.; and Franklin and Marshall College, Lancaster, Pa. Temporary installations were formerly sited at UN Plaza, New York 1997-1998, Wright State University, Dayton, Ohio, CUNY Graduate Center on 42nd St across from Bryant Park, and in Tribecca. Her exhibition record includes 47 One Person exhibitions including public art sculptural installations in permanent collections in both Germany and the USA, and 75+ group exhibitions in the USA, Germany and the Netherlands. She is the recipient of multiple grants from the Bronx Council on the Arts; Pa Council on the Arts; Fulbright Senior Research fellowship, Berlin; Arts International Kade Collaborative Works; and the John Anson Kittredge Foundation; and was the Arthur and Katherine Chair of Humanities, Franklin and Marshall College, now Emerita. She has a MFA from Syracuse, Univ. & a BFA from Ohio Wesleyan Univ. Wildriana Paulina is a multidisciplinary artist who received her BFA from the Cooper Union School of Art. As a high school and undergraduate student she participated in multiple cultural programs across the city, including the Studio Museum in Harlem and Kenkeleba House. In 2019 she began a series — Una Para Cada Una (One for One) — investigating femicides (the normalized killing of women for being women) in the Dominican Republic, her country of origin. Relating the abuse of female bodies to the abuse of the body of Earth, she created 132 linked clay pieces shaped like rounded veils, memorializing murdered women. Invited by Women's Strike NYC, for International Women's Day 2020 a version of Una Para Cada Una was installed on the earth, as a linked spiral, in Washington Square Park. In 2022 she continued working the issue of violence against women in Decadencia (Decadence), creating 50 caste bronze figures with accompanying texts, prints and handmade papers representing female lives lost.

Up to date proof of COVID-19 vaccination is required for all ages for entry to the gallery Attendees will also be required to be masked.

CONSUMER ALERT: NYS DIVISION OF CONSUMER PROTECTION WARNS NEW YORKERS ABOUT DANGERS OF CARBON MONOXIDE POISONING, FIRE HAZARDS AND STRENUOUS ACTIVITIES IN THE UPCOMING WINTER WEATHER

 

Secretary Robert J. Rodriguez, “The Department of State’s Division of Consumer Protection urges New Yorkers to take proper safety precautions while using candles and space heaters, install fire and carbon monoxide detectors and replace batteries in your alarms on an annual basis to help decrease the risk of fire hazards in your home.” 

Consumers Must Pay Careful Attention to Carbon Monoxide and Fire Safety 

The NYS Division of Consumer Protection Offers Tips to Help New Yorkers Stay Safe and Healthy During Upcoming Winter Months

The New York State Division of Consumer Protection today alerted consumers of the dangers of fire hazards, carbon monoxide poisoning and performing strenuous outside activities in the upcoming cold weather. As the winter months approach and the temperatures drop, consumers may turn to dangerous heating alternatives to stay warm. Propane heaters, generators and space heaters all pose lethal risks of carbon monoxide poisoning and fire hazards when used improperly. As strong winter storms continue to hit the United States, consumers need to exercise caution to stay safe and healthy during snow cleanup activities.

“Taking preventative action is your best defense against dealing with extreme cold weather,” said Secretary of State Robert J. Rodriguez. “The Department of State’s Division of Consumer Protection urges New Yorkers to take proper safety precautions while using candles and space heaters, install fire and carbon monoxide detectors and replace batteries in your alarms on an annual basis to help decrease the risk of fire hazards in your home.”

Office of Temporary and Disability Assistance Commissioner Daniel W. Tietz said, “In addition to providing assistance to help cover home heating costs, the Home Energy Assistance Program can help with getting heating equipment cleaned and serviced so it is safe and operating at peak efficiency, and even cover the cost of repairing or replacing faulty heating equipment. These services are vital to helping New Yorkers stay safe and warm through the harsh winter months. Anyone in need of this assistance should apply as soon as possible.”

The New York State Division of Consumer Protection offers the following tips to keep families safe and warm this winter:

When temperatures plummet, home heating systems may run constantly and the potential for CO poisoning increases.  During and after dangerous weather, using alternative sources of power can also cause CO to build up in the home.

Carbon-Monoxide Dangers and Safety Tips:

• Install carbon monoxide alarms. Have a carbon monoxide alarm on every floor and outside sleeping areas.
• Inspect all fuel-burning equipment every year. Have a trained service technician inspect your home heating systems. Make sure that all gas heaters are properly vented to the outside.
• Use generators safely. Do not use a gas or electric generator in a home, garage, basement or any enclosed space. Plug in appliances to the generator using only individual heavy-duty, outdoor-rated electrical cords. When used, gas generators should be located at least 20 feet from any window, door, or vent -- preferably in a space where rain and snow does not reach them.
• Avoid build-up of carbon monoxide fumes. Open the fireplace damper before lighting a fire and keep it open until the ashes are cool. Never use a gas range, oven or grill to warm up a home. Never leave a vehicle running while parked in a garage attached to a home, even if the windows are open. Have vehicles’ mufflers and tailpipes checked on a regular basis to prevent accidental CO build-up.
• Keep furnace and dryer vents clear of ice and snow. Check furnace and dryer vents on the exterior of your house during and after heavy snowfalls, and clear snow away from the vents’ openings if it builds up. When a furnace or gas dryer vent is blocked, carbon monoxide can build up inside the home, and on newer furnaces, the system may shut off completely as a safety measure leaving the home without heat. While electric dryers do not pose a risk of carbon monoxide poisoning, a blocked vent could still be a fire hazard.
• If one suspects carbon monoxide poisoning, they should get to fresh air immediately and then call 911.

Colder temperatures also increase the risk of fire hazards. Home fires can happen at any time, but they generally increase during the fall and winter, with December and January being the peak months. 

Winter Home Heating & Fire Safety Tips:

• Working Smoke Alarms Saves Lives. According to the National Fire Protection Association, roughly 3 out of 5 fire deaths happen in homes with no smoke alarms or no working smoke alarms so remember to have working smoke alarms on every floor and in every bedroom. The early warning provided by smoke alarms can save a life.
• Safely operate fireplaces, wood stoves and other combustion heaters. Use fireplaces, wood stoves, or other combustion heaters only if they are properly vented to the outside and do not leak flue gas into the indoor air space. If planning to use a wood stove, fireplace, or space heater, follow the manufacturer’s instructions. Do not burn paper in a fireplace.
• Keep your home properly ventilated. Ensure adequate ventilation if using a kerosene, propane or other fuel heater. Also, use only the specific type of fuel a heater is designed to use—don’t substitute with another source.
• Keep space heaters away, stable, and uncovered. Space heaters should be kept at least three feet away from beds, clothes, curtains, and other flammable materials. Never cover a space heater or place on top of furniture or near water. Space heaters should not be left unattended when used near children. If a space heater has a damaged electrical cord or produces sparks, stop use immediately.
• Check your extension cords. Extension cords should not be overloaded or run where they can become a tripping hazard. Never run extension cords under carpets or rugs. Avoid using extension cords with a space heater.
• Prepare for emergencies. Keep a multipurpose, dry-chemical fire extinguisher near the area to be heated.
• Regularly review fire safety plans with your family, especially with homes with young children, older adults, and persons with disabilities. Make sure there is a working smoke alarm on every level and outside of sleeping areas, and that the batteries in the alarm are functional.
• If there is a power failure at home, use battery-powered flashlights or lanterns instead of candles, if possible. If you must use candles, use extreme caution. Never leave lit candles unattended, and do not burn them on or near anything that can catch fire. Extinguish candles when you leave the room and before sleeping.

New York’s Home Energy Assistance Program (HEAP) can help eligible New Yorkers heat their homes. The program provides up to $1,126 to eligible homeowners and renters depending on income, household size and how they heat their home. Administered by the state Office of Temporary and Disability Assistance, applications for HEAP are accepted at local departments of social services in person or by telephone, with funding provided on a first-come, first-served basis. Residents outside of New York City may also?apply online?for regular heating assistance benefits. New York City residents can obtain program information?online and download an application. To qualify for benefits, a family of four may have a maximum gross monthly income of $5,485, or an annual gross income of $65,829.

For households facing no-heat situations due to non-working heating equipment, OTDA is also accepting applications for its heating equipment repair or replacement benefit. Eligible homeowners can apply for up to $4,000 for repairs or $8,000 for replacement of a furnace, boiler or other direct heating equipment necessary to keep the household's primary heating source working. Additionally, eligible households can receive energy efficiency services, which include the cleaning of primary heating equipment to allow for safe and efficient operation. Interested households can apply with their local HEAP contact.

As the recent historic storm in Buffalo showed, snow and winter storms can be dangerous and even deadly. Snow shoveling can contribute to a number of health risks for many people, from back injuries to heart attacks. New Yorkers must exercise caution when doing snow or ice cleanup as the strenuous activity can be dangerous for vulnerable individuals.

The following tips can help keep you safer when you set out to shovel:

• Warm up. Warm your muscles before heading out to shovel by doing some light movements, such as bending side to side or walking in place.
• Push rather than lift. Pushing the snow with the shovel instead of lifting can help reduce the strain on your body. When lifting snow, bend your knees and use your legs when possible.
• Choose your shovel wisely. Ergonomically designed shovels can help reduce the amount of bending you have to do.
• Lighten your load. Consider using a lighter-weight plastic shovel instead of a metal one to help decrease the weight being lifted.
• Hit the pause button. Pace yourself and be sure to take frequent breaks. Consider taking a break after 20 to 30 minutes of shoveling, especially when the snow is wet.
• Consider multiple trips. Consider shoveling periodically throughout the storm to avoid having to move large amounts of snow at once.
• Keep up with snowfall. Try to shovel snow shortly after it falls, when it is lighter and fluffier. The longer snow stays on the ground, the wetter it can become. Wet snow is heavier and harder to move.
• Wear layers. Dress in layers and remove them as you get warm to help maintain a comfortable body temperature.
• Stay hydrated. Drink plenty of water to stay hydrated while shoveling 

Additional resources are offered through the NYS Office of Fire Prevention and Control’s Carbon Monoxide Virtual Toolbox and the through the NYS Department of Health Cold Weather Tips page here.

About the New York State Division of Consumer Protection

The New York State Division of Consumer Protection provides resources and education materials to consumers on product safety, as well as voluntary mediation services between consumers and businesses. The Consumer Assistance Helpline 1-800-697-1220 is available Monday to Friday from 8:30am to 4:30pm, excluding State Holidays, and consumer complaints can be filed at any time at www.dos.ny.gov/consumer-protection. 

For more consumer protection tips, follow the Division on social media at Twitter: @NYSConsumer and Facebook: www.facebook.com/nysconsumer.

NYS Office of the Comptroller DiNAPOLI: PUBLIC AUTHORITY DEBT BALLOONED TO $329 BILLION

 

97% of All State-funded Debt Outstanding Issued By Public Authorities

State and local public authorities reported debt outstanding totaling more than $329 billion in their most recently reported fiscal years, an increase of 23% ($61.5 billion) since 2017, according to a report released today by State Comptroller Thomas P. DiNapoli.

“Many of New York’s public authorities play a major role in state operations, but far too often they function without adequate public scrutiny,” said DiNapoli. “My office issues this periodic report on public authorities to shine a light on their finances and operations. However, as my audits have shown, New York’s public authorities must do more to improve their transparency and accountability to the public and demonstrate they are operating effectively and efficiently.”

Public authorities have an outsized impact in New York where they are responsible for a wide range of public functions, particularly in the areas of transportation, energy, environmental protection, housing and economic development. As of July 2022, there were 1,178 public authorities in New York, including 876 local, 294 state (including subsidiaries), and eight interstate or international authorities. Public authorities generally are not subject to many of the oversight and transparency requirements that apply to other government agencies, or the same types of controls over their contracting practices and day-to-day operations.

In their most recent filings, generally covering public authority fiscal years ending in 2021 or 2022, state and local public authorities reported total annual revenues of $76.9 billion and expenditures of $78.3 billion. State authorities alone accounted for $49.5 billion in spending, equivalent to nearly one-quarter of the state’s All Funds expenditures of $209.3 billion in State Fiscal Year (SFY) 2021-22.

While state and local public authorities reported the majority ($183.3 billion or 55.7%) of their debt was revenue debt issued for authority purposes, $68 billion (20.7%) was issued for state purposes. Most of this “backdoor borrowing” was completed through three authorities: the Empire State Development Corporation, the Dormitory Authority of the State of New York and the New York State Thruway Authority. By borrowing through public authorities, the state bypasses the voter approval process and diminishes transparency, accountability and oversight. The State has increasingly used public authorities for borrowing: As of March 31, 2022, public authorities had issued approximately 97.2% of all state-funded debt outstanding.

DiNapoli’s report also found that:   

• The state relies on public authorities as a source of revenue to support state spending. These transfers make it easier to present a balanced state budget picture and avoid potentially difficult decisions on spending and/or revenue.
• State and local public authorities reported 32,103 active competitive and non-competitive contracts worth $111.8 billion. Of these, nearly 16% were awarded non-competitively.
• State and local public authorities reported 166,818 full and part-time employees for the most recently reported fiscal year. Total compensation totaled over $13.2 billion, and over 33% of state public authority employees had total compensation of $100,000 or more. By comparison, less than a quarter, or 21.6%, of New York residents earned as much.

DiNapoli’s report highlighted several recent audits of public authorities that exposed lax contracting processes, improper payments, loose controls, and inadequate oversight of and within New York’s public authorities.

To improve public authorities’ transparency and accountability to the public, DiNapoli called on lawmakers to discontinue its reliance on backdoor borrowing and the use of debt gimmicks, eliminate the use of lump sum appropriations, and improve transparency and fiscal discipline.  

Report

Public Authorities by the Numbers

Public authorities self-report financial information in the Public Authorities Reporting Information System (PARIS), an online data entry and collection system. They use PARIS to comply with various statutory and regulatory requirements. The Office of the State Comptroller does not independently verify the data that authorities enter.

To view authority data from the most recently reported fiscal year in PARIS on debt, spending, procurement and employees:

State Public Authorities Dashboard

For historical data reported in PARIS from 2007 to present, Open Book New York contains Summary Financial Information (from the statement of net assets and the statement of revenues, expenses, and change in net assets) and Debt (public authorities’ debt outstanding, new debt issued and debt retired in the selected fiscal year).

Attorney General James Announces Sentencing of Former Not-For-Profit Executive for Stealing Hundreds of Thousands From Medicaid

 

Shirley Goddard, Former Executive Director of H.O.M.E., Sentenced to one to three Years in Prison and Ordered to Pay Over $600,000 in Remaining Restitution 

New York Attorney General Letitia James announced that Shirley Goddard was sentenced to one to three years in prison for embezzling more than $650,000 from Humanitarian Organization for Multicultural Experiences, Inc. (H.O.M.E.), where she served over 25 years as President and CEO, and functioned as the executive director. H.O.M.E. — a Syracuse-based not-for-profit organization started by Goddard and her husband, Tyrone Goddard — received funding from Medicaid to provide outpatient, community-based services to people who are developmentally disabled. Goddard previously pled guilty to stealing the funds when she was operating H.O.M.E. from January 2014 to September 2018 and has agreed to pay back the stolen amount. In addition to prison time, Goddard, who had already paid $40,000 in restitution pending her sentencing, was ordered to pay the remaining $610,809. 

“Stealing funds meant to serve developmentally disabled members of our community is reprehensible and absolutely unacceptable,” said Attorney General James. “For years, Shirley Goddard exploited our state’s Medicaid program and stole hundreds of thousands of dollars that were supposed to help some of our state’s most vulnerable residents. With this sentencing and the restitution of stolen funds, we are sending a clear message that anyone who steals from Medicaid will be discovered, prosecuted, and punished for their crimes.”

In March, Goddard pled guilty to embezzling $650,809.32 from H.O.M.E. during the period of January 1, 2014 to on or about September 30, 2018, and agreed to pay back the stolen amount to the Office of the Attorney General’s (OAG) Medicaid Fraud Control Unit (MFCU). The funds will then be returned to H.O.M.E. to replenish the amount that Goddard stole. Goddard was sentenced yesterday to a term of one to three years in prison and ordered to pay $610,809 in remaining restitution.

In addition to the criminal prosecution conducted by MFCU, OAG’s Charities Bureau filed a civil lawsuit against Shirley and Tyrone Goddard to recover funds that Ms. Goddard admitted to stealing, as well as other misappropriated charitable assets, and has sought a permanent bar prohibiting the Goddards from holding any fiduciary role in a charitable or nonprofit organization in New York. That lawsuit remains pending.

The criminal investigation was led by Detective Timothy Bates with the assistance of Supervising Detective Christopher M. Burns, under the supervision of Deputy Chief Commanding Officer William Falk. The financial analysis was completed by Principal Auditor-Investigator Christine Rhody, under the supervision of Syracuse Regional Chief Auditor Dejan Budimir.

MFCU jointly investigated this case with Assistant Attorney General Sharon Sash with the assistance of Associate Accountant Darren Beauchamp, under the supervision of Charities Bureau Enforcement Section Co-Chief Emily Stern. The Charities Bureau is led by Bureau Chief James Sheehan and Deputy Bureau Chief Karin Kunstler-Goldman, and is a part of the Division for Social Justice, which is led by Chief Deputy Attorney General Meghan Faux.

This matter was handled by MFCU Special Assistant Attorney General Irene S. Bardot. MFCU is led by Director Amy Held and Assistant Deputy Attorney General Paul J. Mahoney. The Division for Criminal Justice is led by Chief Deputy Attorney General José Maldonado. Both the Division for Criminal Justice and the Division for Social Justice are overseen by First Deputy Attorney General Jennifer Levy.

Reporting Medicaid Provider Fraud: MFCU defends the public by addressing Medicaid provider fraud and protecting nursing home residents from abuse and neglect. If an individual believes they have information about Medicaid provider fraud or about an incident of abuse or neglect of a nursing home resident, they can file a confidential complaint online on the OAG website or by calling the MFCU hotline at (800) 771-7755. If the situation is an emergency, please call 911.