A judge has delayed the new Medicare Advantage plan for city retirees. Mulgrewcare will have to wait.
The judge ruled that the city and MLC were irrational in forcing retirees to have to decide by October 31 if they want to join the new Medicare Advantage Plus or pay a penalty ($192 per month) to stay in Senior Care. The judge did not kill Mulgrewcare but it is on hold.
This is from the decision:
As to likelihood of success on the merits, the Court feels that the method of implementation of this plan at present has been irrational, and thus arbitrary and capricious. It is not in dispute that currently, in the midst of a pandemic, that has been hardest on the elderly and infirm, retirees have been given a deadline of October 31 to either do nothing in which case their health care plan will change, or to stay in their current plan in which they will likely have to pay what can only be described as a penalty. At the same time, there is little clarity as to which health care providers will be accepting this new Medicare Advantage Plan. It is simply irrational for retirees to have to make this decision as circumstances currently stand.
INDEX NO. 158815/2021
NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 10/21/2021
petitioners and similarly situated individuals are required to opt-in or out of a medical program by the October 31, 2021 deadline there would certainly be irreparable harm. Accordingly, it is hereby
ORDERED that the respondents are enjoined from enforcing the October 31, 2021 Opt- Out/ Opt-In date; and it is further
ORDERED that petitioners maintain the status-quo enrollment in until the respondents cure deficiencies with the implementation of the proposed new Medicare Advantage Plan, and it is further
ORDERED that such new plan be sent to this Court for this Court to review and determine whether such plan cures the defects as indicated above, and it if further
ORDERED that such plan be sent to the petitioner’s counsel seven days prior to such submission to the Court and petitioner may then provide any input regarding the proposed new plan to the Court.