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.
14 comments:
Mulgrew along with other union heads of the MLC cartel—they should all have their heads handed to him for pushing this down the throats of city retirees..Tom Murphy with his countless RTC webinars dealing with this Medicare Advantage with his special guest stars—Mulgrew and Sorkin—they all should resign immediately.
I can see Mulgrew twisting this around—by saying ‘Yeah, we knew that the courts would probably do something like this’
Time to vote Mulgrew out. Murphy won re-election with about 70% a few months ago—as compared to usually winning with 90% in past RTC elections.
And for the in service members—just wait to the surprises that Mulgrew will be ready to spring on all members—with potential upcoming negative changes with healthcare coverage.
I haven’t seen this reported anywhere as of yet. Hope this is true—although it’s just a delay—and just kicking this retiree Medicare down the road
Can another judge just come along tomorrow or in a few days—and over rule the decision of this judge?
Mulgrew's collusion with NY city to implement retiree Medicare Advantage is a
classic bait and switch. Typical sleazy Mulgrew.
So then it looks like retirees maintain their current coverage for the time being. Thank goodness for checks and balances via the courts.
This shameful retiree Medicare change was negotiated by the UFT and other unions with by all people, DeBlasio—you would have thought Bloomberg —back in 2014 And of course, now DeBlasio is out of office, thank goodness—in 70 days. Eric Adams, a fNYC public retiree —you’re up next—and let’s fix this.
We have to give out "stupid awards" on this blog. 1033 is a classic moron. Why would Mulgrew collude to impose a system that is hurting him politically? It ignores the role of rest of MLC as well. I give this three out of 4 bananas on the stupid scale.
MLC us a weighted vote based on size of unions. UFT and DC37 together control a majority. Mulgrew didn't think this would backfire. He is used to selling garbage as gold and getting away with it.
I'm giving you two bananas, James. Is Mulgrew a Machiavellian super villain or bumbling fool? You switch back and forth at your convenience. The one thing he never is, though, is a regular guy dealing with 100 decisions doing the best he can. That never plays.
I hate to sound like a stick in the mud but an injunction is temporary. This is a good sign that there is still a battle ahead but the war is far from being over.
We said that it is a delay, not a stop for Medicare Advantage Plus.
Mulgrew isn't hurt politically. He works for the Democrat party. They are very pleased with Mulgrew. It's their damn health care plan since democrats control nyc. Whether mulgrew wins by one vote or 30 thousand votes, He still wins. Mulgrew is indeed a bumbling idiot but his puppet masters are Machiavellian.
Still waiting for an email response from Mulgrew, Murphy, Sorkin or other big shot—to explain the court ruling. But of course, expect Mulgrew to say that this Med Adv Plus—is the best thing out there—and don’t listen to false information—and it’s the false info that caused this court ruling.
In the meantime I’ve spoken to my some of my own doctors and a few claim that they have never heard of this new plan—although the Healthcare Hotline people tell you—oh no, your doctors signed a contract and they are part of the network—and they are obligated to treat you just like the current SeniorCare plan. So, the trust is broken and plenty of inconsistent info—along with deadline decisions—how can you expect people to make sound decisions.
So this judge did the right thing—in calling a timeout—to get all parties on the same page with retiree healthcare coverage.
And remember, for all in-service members—keep your eye on the ball especially over the next 6 to 8 months—don’t let Mulgrew play around with your healthcare.
You need to be very careful, retirees! I would not put it past the courts to about face, accept some minor changes overnight, and give us hours to make a choice. We need additional legal work to expose and redress the underlying illegalities, suppressions, and conflicts in the entire Medicare (Dis)Advantage "so-called" process.
Mulgrew just sent out an informational email claiming this court order is just temporary—the changes are inevitable —nothing illegal was done—and there is so much disinformation out there. In general, not much support from Mulgrew as he still claims Med Adv Plus—is the best thing under the sun.
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