FIGHTING MEDICARE SHIFT City pols push bipartisan bill in D.C. to zap Adams’ ‘bait & switch’

BY CHRIS SOMMERFELDT NEW YORK DAILY NEWS

A bipartisan legislative push is afoot on Capitol Hill to prohibit all U.S. employers from forcing their retired workers into Medicare Advantage coverage — a proposal that could spell trouble for Mayor Adams, who’s trying to mandate the privatized health insurance program for New York City’s

250,000 municipal retirees.

The anti-Advantage effort formally got underway Thursday, when Reps. Nicole Malliotakis and Ritchie Torres, both of whom represent parts of New York City, co-introduced a bill that would amend U.S. Social Security law so that it’d become illegal for “public and private employers” to “involuntarily” shift Medicare-aged retirees into Advantage plans.

Under the legislation, a copy of which was exclusively shared with the Daily News ahead of its introduction, the only way an employer could legally enroll a senior in an Advantage plan is if it secures consent from the person to do so.

Malliotakis, a Republican who represents Staten Island and parts of southern Brooklyn, said the bill is directly aimed at blocking a long-running bid by Adams to switch the city’s municipal retirees into an Advantage plan on the auspice that it’d save the city money on health care costs.

“Mayor Eric Adams broke the city’s commitment to our civil servants,” Malliotakis said of the attempted Advantage switchover. “Our teachers, firefighters, police officers, sanitation workers and other municipal workers did not deserve this bait and switch. Our bipartisan legislation rectifies this injustice by giving them a choice in their earned healthcare benefit.”

Torres, a Democrat who represents a section of the Bronx, did not call out Adams by name like Malliotakis.

But he did say he’s sponsoring the bill after hearing from retired city workers who oppose the Advantage switch over fears the privatized plan would provide inferior coverage compared with traditional Medicare.

“Medicare is how millions of seniors and retirees are able to go to the doctor, get the care they need, and live decent, dignified and healthy lives,” he said. “We must do everything we can to prevent and defend Medicare from being privatized, including preserving the rights of seniors to access the coverage of their choosing. No employer should be able to involuntarily kick retirees off the plan they chose and earned in favor of a private plan they don’t want.”

Adams spokesman Jonah Allon came out guns blazing against the Malliotakis-Torres bill, calling it “a direct attack on collective bargaining and worker rights,” echoing an argument made by the mayor that legislation standing in the way of his Advantage plan could set a problematic precedent for

public sector union negotiations.

“We’d urge Congress to instead work with us to allow unions and employers to work together to provide high-quality health care while providing much needed savings, as we’re doing,” Allon said. “What’s more, a number of states and unions have already switched to providing Medicare Advantage to active and retired employees, and report high rates of satisfaction with the coverage.”

Unlike traditional Medicare — which has typically consisted of the universal federal program and a city-subsidized Medigap supplement for municipal workers — Advantage plans are administered by

private health insurance providers.

A grassroots group composed of thousands of retired city workers say the Advantage plan favored by Adams would dilute their benefits. One of their top concerns has been findings in federal studies that Advantage, due to its privatized structure, can deny plan holders “medically necessary care.”

The advocacy group, the NYC Organization of Public Service Retirees, has successfully sued the Adams administration multiple times to block it from implementing its Advantage plan, with judges finding it violates local laws requiring the city to provide its public sector retirees with

premium-free heath care for life.

Most recently, the administration was blocked by a Manhattan Supreme Court judge from having its Advantage plan take effect Sept. 1; the administration is appealing that ruling.

The current structure of Adams’ plan would make Advantage the only health care option available for retired city workers, eliminating even the possibility for them to enroll in traditional Medicare, unless they want to do so on their own on the open market.

An aide to Torres acknowledged that the bill the congressman and Malliotakis are introducing would not be retroactive. That means the bill would not derail Adams’ Advantage plan should he manage to implement it before their legislation potentially passes Congress and is signed

into law on the federal level.

For starters, the bill only has Malliotakis and Torres listed as sponsors. But the Torres aide said the bipartisan nature of the measure out the gate is promising.

“We’re encouraged it’s starting with bipartisan support, and hope to see more members sign on, particularly from [New York City],” the aide told The News.

Adams and the Municipal Labor Committee, which operates as an umbrella group for most of the city’s public sector unions, back Advantage because they say it will generate as much as $600 million in annual health care savings — a sizable sum at a time the city’s projecting massive budget deficits

in coming years.

Adams and labor brass also say the customized Advantage plan they’re advancing, which would be administered by health insurance giant Aetna, should provide retirees with coverage that is up to par

with traditional Medicare.

The Advantage advocacy from Adams and the MLC has drawn

widespread pushback.

The Torres-Malliotakis bill is the second piece of legislation aimed at preventing Adams from going down the Advantage path.

The first legislative effort is a bill introduced in the City Council. That bill, introduced by socialist Brooklyn Councilman Charles Barron, would enshrine into law that the city government must provide its retirees with at least one premium-free traditional Medicare plan.

Barron’s bill has also earned bipartisan support. As of Thursday, 18 of the Council’s 51 members are listed as co-sponsors of the measure,

Council records show.

Shared from NYDailyNews iPad app

Bobby DiVirgilio (7/2/23) (3rd from Left-Front Row)

Bobby passed on 7/2/23

Bobby was our Legislative Guy. Way before the Constitutional Convention was a household word, he brought it up to our Executive Board and got us all to be pro-active against it. And lo and behold the Con-Con was defeated when we all voted NO against it on the ballot. The next Con-Con won't be until 2037.

He also warned about those in power taking away our defined benefits.

Hopefully we will succeed against those forces trying to reduce our Healthcare Benefits. As you can see from the photograph he joins in heaven: Manny Fernandez, Bob Landau, Wilbur Hutchins, Manny Croquez & Frank Lomuscio. The photo was taken 10 years ago when we had our Board Meetings at Koenig's.

We will miss him...

Unfortunately we were never notified of his passing. We picked this info up on the Dept Orders (DO 106/23). Bobby was the Manhattan Trustee of the UFA for many years as well as the Sec'y Treasurer. He had a vast knowledge of just about everything that had to do with the job. He will be missed. Please keep him in your prayers...

"AIN'T NO STOPPING US NOW!"-CHALK UP ANOTHER WIN!

Today’s Ruling Permanently Bans City From Implementing Inferior Aetna Medicare Advantage Plan

NEW YORK, August 11, 2023 — Today, the New York County Supreme Court issued a final ruling permanently stopping the City from forcing a quarter-million elderly and disabled retirees off of their longstanding Medicare insurance and onto an inferior type of insurance called “Medicare Advantage.” Unlike Medicare—a public program that has protected City retirees for the past 57 years—the City’s new Aetna Medicare Advantage plan is a private, for-profit endeavor that would limit retirees’ access to their medical providers, prevent retirees from receiving care prescribed by their doctors unless Aetna deemed it “medically necessary,” and expose retirees to increased healthcare costs.

The Court had issued a preliminary injunction last month, with Supreme Court Justice Lyle E. Frank noting that the retirees “have shown by clear and convincing evidence” that implementation of the new Aetna Medicare Advantage plan would likely violate their rights in numerous ways. Justice Frank also ruled that “should this plan go forward, irreparable harm would result” to countless retirees.

Today the Court ruled in favor of the retirees on multiple grounds. Among them was the fact that, since the 1960s, the City has guaranteed every active and retired City worker—by statute and through written and verbal promises—that when they became elderly or disabled, they would be entitled to City-funded healthcare through a combination of Medicare plus Medicare “supplemental” insurance, which covers healthcare expenses that Medicare does not.

The decision is available here.

Jake Gardener, a partner at Walden Macht & Haran LLP, counsel to the retirees, says, “We are grateful to Justice Frank for again recognizing the multiple ways in which the health and healthcare rights of retired City workers would be imperiled by the City’s new Medicare Advantage plan. Because of Justice Frank’s well-reasoned decision, hundreds of thousands of senior citizens and disabled first responders will be able to continue receiving the medical care they desperately need and to which they are entitled.”

Marianne Pizzitola, President of the New York City Organization of Public Service Retirees, one of the lead plaintiffs, states, “This is now the third time in the last two years that courts have had to step in and stop the City from violating retirees’ healthcare rights. We once again call on the City and the Municipal Labor Committee to end their ruthless and unlawful campaign to deprive retired municipal workers of the healthcare benefits they earned. Knowing after every win, the City has found a way to go around the Judge’s decision, the City Council should support Intro 1099 sponsored by Councilman Charles Barron, and stop this administration from wasting taxpayer dollars appealing righteous decisions by the Court. NYC Retirees earned their right to Federal Medicare and we relied on the promise we would have this benefit through our lifetime. We hope this decision will help retirees nationwide stop their former unions and employer from privatizing the Federal Public Health Benefit of Medicare so we can live the rest of our lives in peace.

PS: There's still more work ahead, keep calling the City Council so we can get the Votes from them to approve INT 1099. Once we get that passed the Mayor will not be able to come after us ever again. The City will try to appeal this ruling, so keep calling!

Go to the ACT NOW Page for further information<

DONATE TO MARIANNE'S TEAM:

Donations are Needed!

TO DONATE TO THE ORGANIZATION OF PUBLIC SERVICE RETIREES-

Donation Instructions to Support Our Organization and our Fight To Protect Our Retiree Healthcare:

We worked decades for our benefits! Let’s make sure the City and the MLC don’t take them away!

A suggested **$25 Donation* will help start the fight to keep our current benefits.**

*Give more if you can, and/or often! If you cannot meet the minimum suggested donation, we appreciate whatever you can give towards this fight for our benefits. We also added the option to make your donation recurring (monthly) as was requested.

We are incorporated as a Non-Profit, but not tax deductible. ALL proceeds go to fund the organization and its legal challenge. Volunteer retirees are running this effort.

TO DONATE, HERE ARE 2 SIMPLE WAYS!

1.Zelle using email NYCOrgofpublicserviceretirees@gmail.com YOU CANNOT USE THE ZELLE APP! You must use Zelle via your online banking. In some cases you cannot use the Zelle via the bank app either. So if you're finding trouble, use the computer and make the payment via Zelle from your online banking.

2. Make your check out to:
NYC Organization of Public Service Retirees
c/o JSH Accounting Services LLC
PO Box 143538
Fayetteville, GA 30214
(this is the organization's accounting professional)

Click on Join Us to see other options to donate:

Join Us

LETTER FROM OLR; OFFICE OF LABOR RELATIONS-

You should have all received a letter from the Office of Labor Relations, Employee Benefits Program. In it, it shares with you, information regarding the Aetna Medicare Advantage PPO Plan:

IT WILL NOT BE IMPLEMENTED ON 9/1/23.

ALL CURRENT HEALTH PLANS REMAIN IN EFFECT.

NO RETIREE WILL BE MOVED INTO THE NEW AETNA MEDICARE ADVANTAGE PPO PLAN.

NO OPT-OUT REQUESTS MADE THROUGH AETNA VIA THEIR CALL CENTER OR WEBSITE WILL BE PROCESSED AT THIS TIME.

NO WAIVER OF CITY HEALTH BENEFITS, ENROLLMENT INTO THE AETNA MEDICARE ADVANTAGE PPO PLAN OR ADDING THE PRESCRIPTION DRUG RIDER THAT HAS BEEN SUBMITTED ON THE RETIREE SPECIAL ENROLLMENT/WAIVER FORM WILL BE PROCESSED AT THIS TIME.

THE OLR WILL POST UPDATES FOR RETIREES ON ITS' WEBSITE

CLICK BELOW

OLR WEBSITE

Marianne and Her Staff of Lawyers Does it Again!

WE WON---THE TRO!!!

DO NOTHING! SEND IN NO FORMS! MAKE NO CALLS TO OPT OUT! EVERYTHING STOPS!

IF YOU ALREADY GOT YOURSELF INTO A PLAN FOR SEPTEMBER 1, YOU NEED TO CALL AND FIND OUT HOW TO PAUSE IT OR WITHDRAW.

IF YOU ALREADY FILED YOUR WAIVER, NOTHING HAPPENS. YOUR CURRENT PLANS STAY IN PLACE!

We now have THREE full court cases running, so please make a donation and get your friends to do so too! Especially those who doubted us! We won EVERY TIME SO FAR!!

Regards,

The Retirees [nycretirees.org]

Join Her Team

Her Team needs donations to continue the barrage of Lawsuits she is bringing against the city. She's "ALL IN" for all of us, so step up and help even if its only 25 bucks,

GET IT UP!

Click on the Link below.

NYC Retirees

BILL INTRODUCED INTO CITY COUNCIL SUCCESSFULLY! (6/22/23) Int 1099-2023

THE BILL # IS AS FOLLOWS:
"Int 1099-2023"

NAME:
Protecting the health care choice of retired employees of the city of N.Y.

TITLE:
A Local Law to amend the administrative code of the city of New York, in relation to protecting the health care choice of retired employees of the city of New York

SUMMARY:
This bill would require the City to offer Medicare-eligible city retirees and their Medicare-eligible dependents at least one Medigap plan with benefits equivalent to or better than those available to city retirees and their dependents as of December 31, 2021. The bill would not impair employee organizations from negotiating terms and conditions of employment for their employee members.

>TO SEE THE BILL ON THE CITY COUNCIL WEBSITE, CLICK HERE<

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CITY COUNCILPERSON CHARLES BARRON (from District 42 in Brooklyn) stood up in the afternoon session of the

Stated Meeting of the NYC Council on Thursday June 22nd, 2023 and introduced into the City Council a Bill which would give Retirees

a 3rd Choice for a Health Care Plan. Beginning July 10th The City would force us into the AETNA Medicare Advantage Plan,

however Judge Frank Lyle still

has to rule on whether the AETNA Plan will be enacted.

He could rule 3 different ways; 1-OK The AETNA Plan, then the Plan would move forward, 2-Call for an Injunction, whereby it would give more time for both sides to argue further or 3-Tell the City to add a Third Plan for retirees to have as a choice. We are hoping that he chooses the 3rd item.

To view Council Member Barron introducing the resolution, click on the following link,

The New York City Council - Calendar (nyc.gov)

Once there scroll down to the 6/22/23 Stated Meeting,

then click on the VIDEO link.

Once the VIDEO Screen appears move ahead in the video to 1:04, so 1 hour and 4 minutes after the meeting started Councilman Barron introduced the resolution that Marianne Pizzitola and her Team want as a law in the City Charter.

RALLY MINUTES:

A Great turnout of all different Union Retiree Representatives were there. The crowd estimated at 700 was the best crowd so far.

WAIT AND SEE:

Our next step is to see what the Judge will rule on AND to see if the Bill in the City Council will become a law and then in turn we will ALL have a 3rd Choice for a Health Care Plan.

HERE ARE THE CITY COUNCIL MEMBERS WHO BACKED IT:

Charles Barron, Inna Vernikov, Lynn C. Schulman, Linda Lee, Alexa Avilés, Shahana K. Hanif, Kristin Richardson Jordan, Christopher Marte, Shekar Krishnan, Joann Ariola , Vickie Paladino, Ari Kagan

PLEASE START CALLING THE OTHER CITY COUNCIL MEMBERS TO CONVINCE THEM TO ALSO BACK IT SO IF THE MAYOR VETOES IT, IT WILL HAVE THE VOTES TO OVERRIDE HIS VETO, GO TO THE ACT NOW PAGE TO VIEW THE PHONE NUMBERS OF THE CITY COUNCIL MEMBERS WHO NEED TO BE CONTACTED. YOU CAN ALSO CALL THE MEMBERS WHO ALREADY BACK IT AND THANK THEM.

REMEMBER, THIS IS AN ELECTION YEAR FOR ALL OF THE CITY COUNCIL REPS, ELECTION DAY IS 11/7/23, SO IF YOU LIVE IN THE CITY DON'T FORGET TO VOTE!

About Us

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We are Retired NYC Firefighters of all ranks. We meet five times per year at two locations; 901 Lakeville Road in New Hyde Park and 3051 Nostrand Ave in Brooklyn, NY. Through our Newsletter and this website we hope to keep you informed about your pensions.

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ORGANIZED JANUARY 1ST, 1946

APPLICATION FOR MEMBERSHIP
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Our Next Meeting: 11/28/23 in Brooklyn 7:30pm

FIGHTING MEDICARE SHIFT City pols push bipartisan bill in D.C. to zap Adams’ ‘bait & switch’

Bobby DiVirgilio (7/2/23) (3rd from Left-Front Row)

Bobby passed on 7/2/23

We will miss him...

"AIN'T NO STOPPING US NOW!"-CHALK UP ANOTHER WIN!

Today’s Ruling Permanently Bans City From Implementing Inferior Aetna Medicare Advantage Plan

PS: There's still more work ahead, keep calling the City Council so we can get the Votes from them to approve INT 1099. Once we get that passed the Mayor will not be able to come after us ever again. The City will try to appeal this ruling, so keep calling!

Go to the ACT NOW Page for further information<

DONATE TO MARIANNE'S TEAM:

Donations are Needed!

Click on Join Us to see other options to donate:

LETTER FROM OLR; OFFICE OF LABOR RELATIONS-

Marianne and Her Staff of Lawyers Does it Again!

WE WON---THE TRO!!!

Join Her Team

BILL INTRODUCED INTO CITY COUNCIL SUCCESSFULLY! (6/22/23) Int 1099-2023

About Us

Who We Are

Get Involved

Get Involved

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Get Involved

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Thank You

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Thank You

Download The 2023 RMA Application:

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