Advocates Call For Health Insurance Exchange: Letter to Governor Cuomo

May 11, 2011

Leaders of the State of New York
The Capital
Albany, New York 12247

Dear Governor Cuomo, Speaker Silver and Majority Leader Skelos:

As the 2011 Legislative Session enters its final weeks, we write to stress the urgent need to enact legislation to establish New York’s Health Insurance Exchange. New York, long a leader in health care, is quickly falling behind other states in establishing the framework for an Exchange. Already, California, Vermont and Maryland have moved out in front, and Washington, Colorado, and other states are close behind. This is not an area in which New York should lag.

The Affordable Care Act, passed in March of 2010, gives New York a tremendous opportunity to create an efficient, affordable and consumer-friendly health care system. To do so, we must move quickly to establish the governance and structure of New York’s Exchange and identify a process for making decisions concerning the myriad of additional health policy issues, including but not limited to: merging the small group and individual markets, the role of the Exchange as an active purchaser, the interaction between public and private health plans, the role of brokers, navigators and consumer assistance programs, benefits design, maintenance of mandated benefits, and health equity assurance.

New York must enact Health Insurance Exchange this Session for two reasons. First, failing to establish an Exchange jeopardizes New York’s ability to acquire five years’ worth of federal funding that would essentially finance the establishment of our State’s Health Insurance Exchange. In short, we would be forgoing over a hundred million dollars of federal underwriting. While the State could request a de minimus short term grant, filing our application for the long term federal funding now guarantees New York will not have to face the uncertainties of future federal budget cuts. But there is a catch; New York can only seek the five year (Level II) funding once our State passes Exchange legislation. Hence the urgency for passing this bill now.

Secondly, a number of complex health policy, insurance and financial issues must be resolved before the Exchange becomes operational in the summer of 2013. These decisions require extensive study and consultation with a number of stakeholders. Many of these issues should be addressed through the normal political process, and we are grateful for the openness of your administration to engage with stakeholders, consumers and the public at large, including the announcement of public hearings later this month. We believe these issues will be resolved in the most responsible fashion if a public benefit corporation, protected by robust conflict of interest regulation and transparency rules and governed by a strong group of directors who represent the interests of the consumers on the exchange, is able to represent the Exchange’s institutional interest in those discussions.

With 16 scheduled working days remaining in the legislative session, we believe there is an urgent need for action. Our various coalitions and organizations look forward to working with you to enact legislation before the end of the 2011 legislative session.

Sincerely,

504 Democratic Club
AARP
AIDS Community Resources, Inc
American Cancer Society
American Heart Association
Brooklyn Congregations United
Brooklynwide Interagency Council for the Aging
Brooklyn Perinatal Network, Inc.
Bronx Health Link
Bronx Independent Living Services
BALCONY
Cardozo Bet Tzedek Legal Services
Center for Independence of the Disabled New York
Center for Disability Rights
Center for the Elimination of Minority Health Disparities
Center for Health Care Initiatives
Center for Justice& Democracy
Center for Working Families
Children’s Aid Society
Children’s Defense Fund New York
Citizen Action of New York
Coalition for Asian American Children & Families
Community Health Care Association of New York State
Community Healthcare Network
Community Service Society of New York
Democracy for New York City
Disabled in Action of Metropolitan New York
Disabilities Network of New York City
Downtown East for Obama
Empire Justice Center
Emerald Isle Immigration Center
Families Together in New York State
Family Health Project, Inc.
Foundation for Integrative AIDS Research
Gay Men’s Health Crisis (GMHC)
Greater New York Labor-Religion Coalition
Grey Panthers – New York City Network
Harlem Independent Living Center
Health & Welfare Council of Long Island
Hemophilia Association of New York, Inc.
Hudson Valley Community Coalition
Interfaith Impact of New York State
Jewish Board of Family and Children’s Services
Leukemia and Lymphoma Society
Long Island Progressive Coalition
upus Agencies of New York State
Make the Road New York
Martin Petroff & Associates, Attorneys at Law
Medicaid Matters
Medicare Rights Center
Metro Health Care for All Campaign
Metropolitan Russian American Parent Association
National Association of Social Workers New York State Chapter
National Center for Law and Economic Justice
National Physicians Alliance, New York Action Network
New York Alliance for Women’s Health – a 57 member coalition
New York Association on Independent Living
New York Association of Psychiatric Rehabilitation Services
New Yorkers for Accessible Health Coverage
New York Immigration Coalition
New York Lawyers for the Public Interest
New York Public Interest Research Group (NYPIRG)
New York State Episcopal Public Policy Network
New York State Nurses Association
New York StateWide Senior Action Council
NOW – New York City
PHI
Project CHARGE
Public Health Association of New York City
Public Policy and Education Fund of New York
Project Hospitality of Staten Island
Raising Women’s Voices for the Health Care We Need
Regional Center for Independent Living
RESULTS of Western New York
Rockland Immigration Coalition
Russian-American Voters Educational League
Schuyler Center for Analysis and Advocacy
Small Business Majority
South Asian Council for Social Services
United Jewish Originations of Williamsburg, Inc
WCLA – Choice Matters
Westchester-Putnam Access to Health Care Coalition
Western New York Health Care Campaign
The Women’s City Club of NYC
Young Invincibles

There IS a Better Way; New Yorkers Need Real Property Tax Relief Now, Why the Cuomo Tax Cap Won’t Help and What Will

by Bill Samuels

As a businessman I am keenly aware of the importance of keeping spending in line with revenue, so I understand that New York State’s deepening budget crisis requires swift and decisive action from Albany. But as a New Yorker, I want solutions that do not unfairly place the burden of Albany’s mess on local communities and families.

One of the most immediate and pressing challenges Governor Cuomo faces is curbing New York’s skyrocketing local property taxes, which have grown so unmanageable it is forcing families from their homes and businesses to shutter or relocate out of state.

Governor Cuomo, anticipating statewide budget shortfalls, wants to put a 2% property tax cap into effect to curb spending at the local level and keep property taxes stable.

A tax cap provides a great political sound bite and appeals to all taxpayers, but the truth is that those who need genuine tax relief are guaranteed no break at all under a tax cap.

There must be a better way.

We all want to help fund our local schools and government to make our communities the best possible place to live and work. Unfortunately, the problem of unsustainably high and oppressive property taxes is not a local one. It is largely a consequence of the enormous amount of mandated spending that is imposed on local communities in New York at the state level.

Local communities cannot run in deficit, which means that any cuts that have to be made to their budgets must be taken from non-mandated spending – such as schools, community centers, road maintenance, fire safety, and the police.

Richard Iannuzzi, President of the New York State United Teachers, publicly announced that his organization had determined that a 2% tax cap would result in an estimated $815 million deficit in the school system.

So if a tax cap won’t provide real property tax relief or help solve our budget problems, what will?

One idea I support, which is backed by a large and growing coalition of organizations including Property Tax Reform groups, affordable housing advocates, fiscal watchdogs like New Yorkers for Fiscal Fairness, and the BALCONY , the Business and Labor Coalition of New York is to provide real and immediate personal property tax relief by making property taxes proportional to household income. The concept is known as a property tax circuit breaker.

The property tax circuit breaker is designed to interrupt ballooning property taxes before they overload our communities by changing the way household property taxes are calculated and collected.

The most important function of the circuit breaker is to prevent rising property taxes from overloading any individual household by setting a maximum percentage of total household income that is subject to property taxes. Like the STAR program, a circuit breaker would be targeted to those whose taxes exceed a fair proportion of their income. This would provide immediate property tax relief to working families allowing them to stay in their homes or avoid moving out of state.

A property tax circuit breaker ensures that whatever a household owes in property tax, that amount is manageable and directly proportional to a household’s income.

A property tax circuit breaker is not about handing out charity or punishing wealth, it is simply a matter of sound fiscal policy. The idea enjoys support from a number of leaders from around New York’s business community.

According to Bruce Ventimiglia, President and CEO of Saratoga Capital Management and Business Co-Chair of the Business and Labor Coalition of New York, “Many businesses in New York that rely upon our State’s services, such as higher education, which provides a quality work force, stand ready to share the responsibility for keeping our State solvent.”

The meaning of ‘fair share’ in the case of the property tax circuit breaker is clear: every taxpayer’s burden should be proportional to their capacity to pay. This would not only eliminate the unfair burden on the working and middle class but provide a roadmap to significant sustainable income tax reform in the future.

The simplest solution to a problem is not always the most effective, and no decision can be made without sacrifice, but in the case of property tax relief, the answer is simple, effective, and just plain common sense.

Overburdened taxpayers with limited incomes need personal property tax relief now. And woe to the politician who supports this rhetorically popular but ill-conceived tax cap when their constituents open their next tax bill and find no relief.

Bill Samuels is Chairman of the Carlyle Capital Group LLC and a member of BALCONY, The Business and Labor Coalition of New York.

BALCONY Supports Circuit Breaker Property Tax Relief

“May 10, 2011

Since 2008 BALCONY, the Business and Labor Coalition of New York, has been supportive of the Circuit Breaker approach to property tax reform in New York State. This is the most equitable way to protect middle income and working families from paying too much of their income in property taxes. At the same time, we are opposed to a property tax cap which would harm our state’s students, our schools and our families. An across the board property tax cap solution doesn’t work everywhere. One size does not fit all. Poorer districts would be unable to raise the revenues they need to provide the education their children deserve,” stated BALCONY Director Lou Gordon.

“Property tax caps in New York would create a statewide educational disaster. At the very moment when American society is making an unprecedented transition from a manufacturing to a knowledge-based economy, a New York State property tax cap would deprive our school districts of the necessary finances to support this sea change. Today’s student is tomorrow’s information specialist. Without the proper training and technical access to enter the Information Society, this transition will be incomplete and our entire country will suffer. Education is the oxygen of our children’s future, we must not choke it off with a tax cap,” Stated BALCONY Business co-chair Bruce Ventimiglia.

Statement of PEF President Ken Brynien on Council 82 contract vote

Albany – The New York State Public Employees Federation (PEF) continues to negotiate with the state in an
effort to reach a fair contract for our members. Today’s vote by members of Council 82 to reject its tentative
contract agreement with the state speaks for itself.

It is unfair to ask any employee, public or private-sector, to absorb a long-term wage freeze while making
permanent cost shifts in benefits to address what is a short-term problem. The members of Council 82 and the
ALES unit have said as much in their vote.

PEF has offered the state solutions that will meet the short-term fiscal need identified in the state budget. We
are willing to do our part to help the state during this fiscal crisis, but any agreement must be fair. We are
willing to accept short-term sacrifice, but not the long-term hardship the state is seeking.

Nurses to Rally for Quality Health Benefits – Quality Healthcare Coverage Keeps Nurses Healthy and Caring for Patients

New York City – Registered Nurses from at least 15 hospitals and healthcare facilities represented by the New York State Nurses Association (NYSNA) will hold rallies today to oppose cuts to the NYSNA Benefits Plan. Overall, there will be approximately 20 informational pickets today. At various rallies around the city, nurses are protesting possible cuts to their healthcare benefits, raising visibility about staffing and other nursing issues, and defending the right of public sector workers to organize and be represented for collective bargaining.

The majority of the rallies will be focused on preserving health care benefits for nurses covered under the NYSNA Benefits Fund. Despite the fact that the NYSNA Benefits Fund is not financially stressed, the plan’s employer trustees are trying to take advantage of the economic and political climate to aggressively demand reductions in nurses’ health care benefits.

With the current emphasis on cost-cutting, I’m sure the NYSNA Benefits Fund looks like a good target, but we want to remind the employer trustees that nursing is a physically demanding profession. Nurses need quality health care coverage to keep them healthy and caring for their patients,” said Nurses Association CEO Tina Gerardi, MS, RN, CAE.

The NYSNA Benefits Fund provides healthcare coverage for more than 14,000 Nurses Association members in 38 bargaining units. Hundreds of nurses will rally at their workplaces, joined by colleagues and supporters from around the city.

Health care coverage is a crucial benefit for nurses because of the many risk factors associated with the profession. Nurses regularly suffer from neck, back and knee injuries and are exposed to contagious diseases and the threat of violence.

The NYSNA Benefits Fund is governed by equal numbers of association and employer trustees, who have been negotiating over the plan’s level of benefits. After mediated negotiations failed, the matter is now in arbitration.

A number of association local bargaining units not included in the benefits fund will also rally May 11, in solidarity, and to draw attention to union, professional and contractual issues, including the need for safe nurse-to-patient staffing ratios and defending union rights for public sector workers.

The campaign to preserve the nurses’ health care benefits also includes radio and Internet advertising encouraging association members and the public to put pressure on the employer trustees to raise the visibility of the issue and generate support for maintaining a quality health benefits plan for the nurses.

“Quality health care should be everyone’s right,” Gerardi said. “We want people to understand that the employer trustees and the hospital management they represent are advocating for a decrease in health care benefits, which could lead to fewer nurses working at a time when we already have a nursing shortage. Healthy nurses help support healthy communities.”

The New York State Nurses Association is the voice for nursing in the Empire State. With more than 37,000 members, it is New York’s largest professional association and union for registered nurses. The association represents registered nurses, and some all-professional bargaining units, in New York and New Jersey. It supports nurses and nursing practice through education, research, legislative advocacy, and collective bargaining.

Omnibus Consortium, League of Women Voters of NYS, New Roosevelt Initiative, Business and Labor Coalition of NYS (BALCONY), Alliance for Quality Education, Statewide Senior Action Council, NYSUT, AFSCME, Citizen Action of NY, TREND (Tax Reform Effort of Northern Dutchess), TaxNightmare.org, NYS Property Tax Reform Coalition, New Yorkers for Fiscal Fairness and Fiscal Policy Institute – Groups Urge State Leaders to Support Real Property Tax Relief (Circuit Breaker)

Press Release

(Albany, NY) A diverse array of organizations from across the state assembled in Albany today to ask state leaders to rethink the 2% hard property tax cap they say is the answer to our state’s property tax woes. The groups are urging state leaders to broaden the discussion to include tax relief measures that would link property taxes to individual income in the form of a circuit breaker. The groups believe that the circuit breaker is the best mechanism to relieve the burden on individual taxpayers and is desperately needed as a stop gap measure to prevent more New Yorkers from losing their homes.

They argued that the tax cap will not help the hundreds of thousands of New Yorkers that are already paying double digit percentages of their income in property taxes. They also felt that the tax cap is yet another example of Albany passing the buck to localities.

Bill Samuels, Chairman of the Carlyle Capital Group LLC and founder of the New Roosevelt Initiative stated, “The simplest solution to a problem is not always the most effective, and no decision can be made without sacrifice, but in the case of property tax relief, the answer is simple, effective, and just plain common sense. Overburdened taxpayers with limited incomes need personal property tax relief now. And woe to the politician who supports this rhetorically popular but ill-conceived tax cap when their constituents open their next tax bill and find no relief.”

“The tax cap is a politically popular program that will ultimately not have the effect of providing the desired tax relief many New Yorkers desperately need,” said Betsey Swan, President, League of Women Voters of New York.

“Let’s be clear: tax caps will not lower anyone’s taxes. Tax caps will not help anyone who cannot afford their current property taxes. Tax caps will not change the demand or need for local services. In fact, during these recessionary years, we have seen a strong increase in the need for government services, stated Harriet Cornell, Chairwomen, Rockland County Legislature. “Governor Cuomo, I support your initiative and determination, I support your leadership, but I respectfully say that any tax cap legislation on local governments like Rockland must take into account the costs we are mandated to provide by the state and federal governments and make adjustments accordingly—either by excluding all costs of programs mandated by the state and federal governments from the property tax cap equation or by providing some other form of significant mandate relief so county property taxes can pay for the programs required by our residents.

“Whatever the perceived merits of the tax cap, it will not provide property tax relief,” stated John Whiteley of the NYS Property Tax Reform Coalition. “The biggest problem today is the individual burden faced by hundreds of thousands of New Yorkers already paying unsustainable, double digit percentages of their income in property tax. A stand alone cap will probably make their situation worse. A circuit breaker is the only measure that will really help them, and it is needed NOW. There are responsible ways to fund it, and it must be an integral part of the discussions that will be taking place on the property tax cap issue.”

“The tax cap tsunami is going to wash everyone out of New York. The magnitude of constituents that are trying to sell their home is staggering. I have never seen the terror in my neighbor’s eyes like I see now. There is no more time left. Albany cannot fail its people, time has run out. It is time for our leaders to lead and provide real solutions to the problems of fellow New Yorkers. A circuit breaker needs to be implemented and it needs to be implemented now. It is the only humane thing to do,” said Susan Zimet, Ulster County Legislator and CEO of Zimet Group, Inc.

“Since 2008 BALCONY, the Business and Labor Coalition of New York, has been supportive of the Circuit Breaker approach to property tax reform in New York State. This is the most equitable way to protect middle income and working families from paying too much of their income in property taxes. At the same time, we are opposed to a property tax cap which would harm our state’s students, our schools and our families. An across the board property tax cap solution doesn’t work everywhere. One size does not fit all. Poorer districts would be unable to raise the revenues they need to provide the education their children deserve,” stated BALCONY Director Lou Gordon.
Assemblywomen Deborah Glick stated, “We believe the real answer to property tax relief is a comprehensive approach to the tax burden of each person or family. A circuit breaker provides more appropriate relief than a proposed flat out tax cap”.
Brian McDonnell, Legislative Director of AFSCME said, “A tax cap on local governments and school districts will result in thousands of layoffs, threaten public safety, devastate critical services and further separate the haves from the have-nots. This legislation is a short-sighted, simplistic solution that doesn’t solve the problem it intends to address. It’s governing by political sound bite rather than working to find real solutions to difficult problems.”

“The targeting of tax relief to those with the most need based on income is a far more effective strategy than a simple cap which would also drain resources for senior programs,” stated Maria Alvarez, Executive Director, Statewide Senior Action Council.
“Responding to the property tax crisis with a cap is like bringing a band-aid to someone who is bleeding internally. You’re not going to prevent the feared outcome and you’re not going to get at the root of the problem. A circuit breaker is the only mechanism that will protect everyone against burdensome levels of taxation and is viewed more favorably in polls than a cap. This is the course Albany should be taking if it really wants to help average New Yorkers,” said Robert McKeon, TREND (Tax Reform Effort of Northern Dutchess)

The discredited Cap doesn’t meet any need but the need for politicians to look busy. Our inequitable, chaotic tax system -which cries out for reform- has resulted in that classic moment when panicked leaders say, “Shut up and drink the Kool-aid”. They promise heaven in the celestial by and by. Unfortunately, meanwhile, you’re just dead…or -as in the case of the kool-aid cap- broke, busted and disgusted,” said Gioia Shebar,Taxnightmare.org coordinator.

Karen Scharff, Executive Director, Citizen Action of NY said, “The tax cap is one more fake Albany quick fix. After severely cutting state school aid, and forcing more costs onto local property taxpayers, the Governor and Senate now want to squeeze schools from both directions by capping local taxes. And they want a cap that doesn’t even have exemptions for costs that schools and local governments can’t control, like rising energy and health care costs. Albany politicians want to tie the hands of local schools and governments, so that they are unable to provide the services the public wants.”

“The state has a responsibility to ensure that every child receives his or her Constitutional right to a sound basic education. When that responsibility is negligently shifted to local communities due to massive state budget cuts and then even further compounded with a property tax cap this will only mean that even fewer children of color as well as children in poor districts will be further disadvantaged and denied their opportunity to learn. It is particularly troubling that the Governor has proposed a crippling cap with no exemptions for costs that schools have no control over and that by requiring a super majority vote to override Albany would be undermining the voting rights of local taxpayers,” said Nikki Jones, Alliance for Quality Education Communications Director.

Ron Deutsch, New Yorkers for Fiscal Fairness said, “We no longer seem to be debating issues in Albany. The property tax discussion needs to be broadened. Just because the Governor believes the Tax Cap is the answer does not make it so. We must continue to look for the fairest and most equitable ways to fix our upside down tax system that takes the pressure off of the property tax and places it onto state taxes based on ability to pay.

Sorry, moms, but this year’s Mother’s Day gift from the GOP is a ‘Roadmap to Poverty’

JEFFREY R. LEWIS of Heinz philanthropies explains how the Republican budget would hurt millions of older women

Every woman, regardless of age, ethnicity, race or marital status, should ask herself one question this Mother’s Day: Why is the Republican plan to solve the nation’s debt and deficit crisis going to push me closer to poverty in my older years?

The “Roadmap to Prosperity” designed by Rep. Paul Ryan and endorsed by virtually all House Republicans would place an immense and disproportionate load on the already overburdened shoulders of millions of older women. It is a “Roadmap to Poverty.”

Women, as the nation’s primary caregivers, ought to turn the tables instead and seek to collect on the value of their unpaid contributions to the economy — estimated at $375 billion in 2007.

The cornerstone of the Ryan plan is ending the Medicare program as we know it. Late last week, Republican leaders agreed to put aside the Medicare initiative for the moment because it has no chance in the Senate but said they remain committed to it.

Under the Ryan plan, starting in 2022 Americans now under the age of 55 would not be eligible for Medicare as currently designed but would receive a voucher equal in value to the average annual amount Medicare currently spends on a retiree’s health care. This voucher would be used to purchase private health insurance.

The sales pitch is that competition among private insurers would keep costs down and result in more choice — a concept that would be laughable if the consequences weren’t so tragic.

Medicare administrative costs run about 5 percent. No private insurer comes close to that percentage, with most running well into the double digits, and they would need to recoup those costs from voucher recipients.

It gets worse: The value of the vouchers would increase at the overall inflation rate, but the cost of medical care increases much faster. As a result, seniors would face two bad options: paying more for the same level of coverage or accepting policies with less coverage. Every year, seniors would lose more ground and millions of older women would find themselves one step closer to impoverishment.

The Ryan plan is rationing by another name. It also abandons all pretense of cost control.

According to the nonpartisan Congressional Budget Office, the total cost of care for seniors under the Ryan plan would rise dramatically faster than under the current system — and the costs borne by seniors would explode.

Under today’s plan, in 2022 (when the voucher system is slated to begin), it would cost an average of $14,770 in insurance and other expenses to provide full coverage to a 65-year-old — with $6,150 paid out of pocket by seniors. Under the Ryan plan, costs would rise 36 percent, to $20,510, and expenses paid by seniors would more than double, to $12,510 a year.

That $6,000-a-year difference would be a lot for anyone on a fixed income. But it would mean a devastating loss for those who earn little. Moderate- to lower-income retirees, who are disproportionately women — in Pennsylvania, 57 percent of Medicare recipients are women — do not have extravagant lifestyles. Many simply are surviving.

The Ryan Plan would further stack the deck against retired women because their retirement savings and Social Security payments are, on average, dramatically lower than those of retired men. This is largely because women typically accept greater responsibility for raising children and caring for aging parents, making them more than twice as likely as men to work part-time and much more likely to work in low-wage positions or spend years outside the workforce.

Even professional women in two-parent families are more likely to carry the greater domestic burden, working full-time but choosing the “mommy track.” And women who work as full-time, nonpaid caregivers for children, aging parents or others lose an average of $650,000 in lifetime wages and retirement benefits.

Social Security retirement payments are based on 40 years of average earnings (with the lowest five years removed). This means that years spent working part-time or caring for family members full-time results in significantly smaller Social Security checks. In 2008, the average annual Social Security income received by women 65 years and older was $11,377, compared to $14,822 for men.

In addition, these lower Social Security payments for women nevertheless comprise 51 percent of their retirement income. Men not only receive more from Social Security, their payments represent only 37 percent of their retirement income.

In recent years, women have made tremendous gains in income and opportunity. But at retirement time, women — especially those who have put their families ahead of careers — still come up way short compared to men.

The added cost of the Ryan plan for Medicare vouchers would be a brutal, disproportionate rebuke to women for lifetimes of sacrifice and hard work. It would put the harshest burden of deficit reduction on those least able to bear it.

On this Mother’s Day, for millions of women destined for low or moderate incomes in retirement, the Ryan roadmap would set them on a course toward despair.

BALCONY LABORPRESS & MASON TENDERS PRESENT: SAFETY IN THE WORKPLACE

More than 100 labor and management safety experts participated in last week’s Safety Conference presented by BALCONY, LABORPRESS and the Mason Tenders at the Milberg Law Firm here in New York City. BALCONY Director Lou
Gordon, the moderator, asked “How does the current anti-regulatory environment impact worker safety?” Key speakers included Assembly Rory Lancman, Joel Shufro of NYCOSH, John Delgado of Laborers local 79, Matthew Funk of the Pasternack law firm and John Samuelsen, President of TWU local 100.

Discussion focused on the federal OSHA and state responsibilities, funding issues, inspections of the workplace and finally the fatalities and injuries incurred by workers on the job.

A full BALCONY/ LABORPRESS video report will be issued next week.

Samuelsen Calls for Stricter Workplace Safety Laws

By Myles Nicholas Miller

Loopholes in federal occupational safety laws routinely put MTA employees at risk, Transport Workers Union President John Samuelsen charged at a breakfast forum this morning.

Samuelsen, head of the influential labor group that represents a majority of New York City’s transit workers said safety at the transit agency isn’t regulated under Federal Railroad Law standards. “The MTA must meet or exceed OSHA standards,” said Samuelsen.
During his speech before the Business and Labor Coalition of New York Samuelsen cited specific transit worker fatalities that he says could have been avoided if the federal government regulated occupational safety at the MTA. The Transport Workers Union president said occupational safety bills in Albany and in Washington usually suffer due to partisan bickering.

“In 2002, a comprehensive track safety bill was passed in Albany,” said Samuelsen. But the labor leader said that the progress was short-lived because Governor George E. Pataki went onto veto it. A bill, which Samuelson called, a “watered down” version passed under Governor Elliot Spitzer in 2006.

“Transit workers put their lives on the line under a push for increased safety,” Samuelsen said. “MTA officials cast doubt against workplace dangers faced by bus and train operators.”

Dead rats and human feces coupled with carrying rails weighing up to 1300 pounds, underscore the issues faced by workers, the union president added.

A MTA spokesman did not immediately return a request for comment.

Parity in Workplace Safety Rules Needed


A Labor leader Friday said that it should be a felony for a non union construction worker to knowingly conceal a workplace injury.

By Myles Nicholas Miller

Speaking at a labor industry breakfast this morning, Laborers 79 Business Manager John Delgado said in many instances developers who employ non union workers don’t seek medical attention for their employees in an effort to skirt worker’s compensation laws.

“Individuals in non union job sites who get hurt get put in a car and taken home because they don’t want to be liable for it,” said Delgado, adding that his union has evidence of this practice being done on multiple occasions. The labor leader noted that “78% of accidents occur in non union job sites.“Non union sites need to be held to the same standards as union sites,” Delgado added. The Chairman of the Assembly Subcommittee on Workplace Safety was quick to express his support for proposed legislation.

“We should make it a crime if a worker gets hurt and is not sent to a hospital,” said Assemblyman Rory Lancman (D – Queens), who, along with Delgado attended the Business and Labor Coalition of New York panel discussion this morning. Lancman said that his office would look into making the practice into State law.

Delgado said developers try to avoid OSHA standards to avoid paying taxes on workers.

BALCONY and Laborpress Host Workplace Safety Conference

By Stephanie West

May 10, 2011

Speaking at a breakfast conference May 10th hosted by the BUSINESS AND LABOR COALITION OF NEW YORK and LABORPRESS, labor leaders said that well funded special interest groups are pushing an anti-safety agenda to save costs.

“The business community is very strongly opposed to workplace safety initiatives,” said Assemblyman Rory Lancman who chairs the Assembly Subcommittee on Workplace Safety. Lancman said work sites are able to bypass Occupational Safety and Health Administration (OSHA) standards because they often fall victim to partisan politics at the state level.

Joel Shufro, executive director of the New York Committee for Occupational Safety and Health said OSHA standards fail to be implemented nationwide because of congressional inaction. “We have a Congress that is totally opposed to any new regulations,” Shufro said. “We have the best administration to implement OSHA laws.”

Loopholes in OSHA regulations can lead to an increase in worker deaths, said Bill Hohlfield of Local 46 who is working on bridging the safety gap between union and non-union worksites. “The local unions in this city spend an awful amount of money and effort on training. We are dedicated to protecting our people. We can balance a workers safety with an employers need for
profit,” Hohlfield said.

‘Concealing workplace injuries’

LIUNA Laborers 79 Business Manager John Delgado, said that it should be a felony for a non union construction worker to knowingly conceal a workplace injury. Developers who employ non union workers don’t seek medical attention for their employees in an effort to skirt worker’s compensation laws, continued Delgado.

“Individuals in non union job sites who get hurt get put in a car and taken home because they don’t want to be liable for it,” said Delgado, adding that his union has evidence of this practice being done on multiple occasions. Delgado mentioned that “78% of accidents occur in non union job sites and developers try to avoid OSHA standards to avoid paying taxes on workers.”Non-union sites need to be held to the same standards as union sites,” added
the Local 79 Business Manager.

‘Track Safety Loopholes’

Loopholes in federal occupational safety laws routinely put MTA employees at risk, Transport Workers Union President John Samuelsen charged at this breakfast forum. Samuelsen, head of the influential TWU Local 100 that represents a majority of New York City’s transit workers said safety at the transit agency isn’t regulated under Federal Railroad Law standards. Citing specific transit worker fatalities that he said could have been avoided if the federal government regulated occupational safety at the MTA, Samuelson noted that occupational safety bills in Albany and in Washington usually suffer due to partisan bickering.

“In 2002, a comprehensive track safety bill was passed in Albany by the legislature,” said Samuelsen. However, the bill’s progress was short-lived when it was vetoed by Governor George E. Pataki. A bill which Samuelson called a “watered down” version passed under Governor Elliot Spitzer in 2006.

“Transit workers put their lives on the line under a push for increased safety,” Samuelsen said. “MTA officials cast doubt against workplace dangers faced by bus and train operators.”

Dead rats and human feces coupled with carrying rails weighing up to 1300 pounds, underscore the issues faced by transport workers, Samuelsen added.

For additional information or a schedule of future events by Laborpress or BALCONY email: laborpress.stephanie@gmail.com.

MAYOR BLOOMBERG PRESENTS FY 2012 EXECUTIVE BUDGET

Continually Improving Economy and Responsible Budgeting have kept the City in Better Position than Most Cities, but State and Federal Disinvestment Continues-

City’s $5.4 Billion in Savings and Growing Economy Prevented More Cuts Caused by State and Federal Reductions-

Nearly $2 Billion in Additional City Money Committed to Education to Cover State and Federal Funding Losses -

Mayor Michael R. Bloomberg today presented a Fiscal Year (FY) 2012 Executive Budget and an updated four-year financial plan. The Mayor outlined a plan to balance the budget with no tax increases for New Yorkers. The budget details the expanding gap between strong City support for services and declining State and Federal support for services, which has forced City taxpayers to cover the increasing costs of services. Further, much of the increase in cost for services is dictated by State and Federal mandates. The Executive Budget relies on $5.4 billion in savings for FY 2012 generated though ten rounds of deficit closing actions taken by City agencies since 2008 and the use of $3.2 billion of expense funding saved in FY 2011, which is used to prepay expenses in FY 2012 to reduce the need for further service reductions.

“We are in better shape than most cities for two prime reasons: we’ve made smart investments in our economy and we budgeted in a responsible way that prepared us for the inevitable downturn in the national economy,” said Mayor Bloomberg. “But we are not an island. We are not immune to the realities in Albany and Washington. And the reality is, both places are keeping more of our tax dollars to close their own budget deficits. I am sympathetic to their need for budget cuts, but actions taken to close their deficits came without changing the burdens they impose on City taxpayers. We have to balance the budget and we’re not going to kick the can down the road. These are still very tough times for many New Yorkers, which makes the decisions in this budget even more difficult. Our goal is to make sure we continue to have a strong city, and that we protect vital services and the social safety net that keep our communities healthy.”

Effectively Cutting New York’s Medicaid Costs

By Bendix Anderson

Experts agree that one of the biggest problems with New York’s budget is the inflation in health care costs. This needless inflation adds hundreds of millions to the costs of the state Medicaid program.

The cost cutting experts at NYCHSRO MedReview have ideas to help. MedReview president and CEO Joseph Stamm and executive vice president and CFO Helen Mutchler testified before Governor Andrew Cuomo’s Medicaid Redesign Team.

Here are some of their key recommendations:
1. REGULATE PROVIDER CHARGES – Presently there are no limits to what health care providers can charge for services. New York should create a State Commission that regulates these charges. This initiative has been instituted by states like Maryland to successful effect!

2. ELIMINATE CONFLICTS OF INTEREST – Right now health insurers who offer emergency health care coverage may have an incentive to disallow medically appropriate inpatient admissions, which can lead to the premature discharge of a patient from the hospital. Conversely, some hospitals insist insurance companies must pay for at least a one-day stay at the hospital even if the patient was only there for an hour long visit. The insurer has little incentive to challenge the policy, often choosing to “play nice” to achieve or maintain its status as the preferred provider. The solution is simple: weed out the blatant conflict of interest by having such determinations made by an independent review agent with no potential financial motivation.

3. ALLOW FOR FURTHER REVIEW OF SERVICES – Currently, once the provider gets a service precertified, no further review is permitted even in cases of unjustifiable costs, fraud and abuse, etc. Retrospective reviews should be allowed as long as the reviewer uses the same criteria as the initial certifying agent.

4. REQUIRE MANDATORY REVIEW AND CASE MANAGEMENT FOR FEE-FOR-SERVICE MEDICAID RECIPIENTS – There is still a significant portion of the Medicaid population that is reimbursed fee for service due to an inability to get them enrolled in managed care organizations. These patients are primarily in rural areas or have special needs. New York State should require mandatory precertification review and case management for these patients and assign independent agents to perform the activity.

5. VALIDATE DIAGNOSIS CODES TO SAVE COSTS – Coding a diagnosis can have a huge effect on health care costs. If that code is mis assigned, it can result in costly reassignment of the diagnosis later on. To keep costs down, independent agents as opposed to insurance or health care providers—should be employed make sure codes are properly verified in the first place!

6. PUNISH NEGLIGENT PROVIDERS BY REFUSING TO PAY FOR THEIR MISTAKES – Serious adverse events such as ones caused by incorrect or inappropriate drug administration, incorrectly interpreted tests, hospital acquired infection etc., should be discouraged by the implementation of effective punitive measures so that provider negligence is decreased and the overall quality of patient care is improved.

7. REVIEW FOR INAPPROPRIATE READMISSION – New York State should go back to reviewing patient readmission on a claim by claim basis, not only because the financial overpayment recovery is immediate but also because the quality of the patient care is more directly impacted.

WHAT WE CAN CONCLUDE FROM THIS: It is NYCHSRO/MedReview’s belief, based on 35 years of ongoing experience, that implementation of these recommendations can save the State’s Medicaid Program hundreds of millions of dollars.

NYCHSRO/MedReview is the oldest Utilization Review (UR) organization in New York State with more than thirty five (35) years of continued service and a staff of more than 300 full-time physician, nurse, coding and other health care professionals. It is a Quality Improvement Organization (QIO) like entity as designated by the federal government and a UR agent certified by the New York State Departments of Health and Insurance.

NYCHSRO/MedReview has performed Quality and Utilization reviews on more than three million (3,000,000) records and has a proven track record of
verifiable savings and effective Cost Benefit Ratios.

Over the past twenty years, savings for clients has totaled in excess of one Billion dollars ($1,000,000.000). Presently, NYCHSRO/ MedReview completes
more than 10,000 reviews each month.