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Thursday, February 24, 2022

NYC Retirees Opt-Out of the NYC Medicare Advantage Plus Plan

 re-posted from NYC PUBLIC VOICE:

Mayor Bill de Blasio, shakes hands with Uniformed Sanitationmen's Local 831 President Harry Nespoli during a press conference announcing the city of New York and the Uniformed Sanitationmen's Association, Local 831, have reached a tentative contract agreement in the Blue Room in City Hall Tuesday, May 19, 2015, in Manhattan. (Barry Williams/for New York Daily News)

On February 6, 2022, NYC's new Mayor Eric Adams put his stamp of approval on the disastrous new Medicare Advantage Plus Plan that is disliked by every retiree I know.

Adams says, "We assure you that the city has had, and will continue to have, your best interests at heart."

I don't think so. The prior authorizations are a problem. But what is really disturbing is the fact that if a retiree opts out of the new Plan then he/she must pay about $191 every month to stay with the original Medicare Program or any other retirement plan.

Mayor Adams' Statement on City's Medicare Advantage Plus Plan

February 6, 2022

NEW YORK – New York City Mayor Eric Adams today issued the following statement on the NYC Medicare Advantage Plus Plan: 

“City retirees have earned their benefits, and, as mayor, I’m committed to delivering for them. The NYC Medicare Advantage Plus Plan unveiled last year — the product of many months of negotiations between the city and the Municipal Labor Committee, representing more than 100 unions — will continue to offer premium-free health coverage to retirees, along with new and enhanced benefits. That is why after a careful and thorough review by my administration, I am announcing my support for this plan. I believe the new program will be in the best interest of retirees and the city’s taxpayers, who stand to save $600 million annually. 

“As a blue-collar mayor and someone who himself will collect municipal retiree benefits, I am sympathetic to those who have voiced concerns about how this plan will affect their coverage. Our administration will continue to work to assuage these concerns before and after the plan is implemented. To all retirees: We assure you that the city has had, and will continue to have, your best interests at heart.” 

Media Contact
(212) 788-2958

I do not know many New Yorkers who would agree with him at this point.


NYC Retirees website has current events, FAQs, etc.

Their website posts the following entries and more (I have re-posted just a few, there are many more. Well worth reading!

#1 - 11/12/2021

The City filed their documents with the Court. Our Attorney filed our response.
To read the filing click the button below, go to Page 2, scroll to the bottom for the filings.


Download the documents:

Letter to the Judge

Objection to the Revised Plan

Attorney Affirmation

Read the Filing

#17 - 01/18/2022
Letters To and From The Court!

As Letters are Sent To or Received From the Court by either our and/or opposing council we will post them here, in case some are unable to navigate the Court Web Site.

To view the associated Affidavits and Exhibits please visit the Court Website

** New **
02/23/2022 - Document 208 - Memorandum of Law Filed by Steve Cohen

02/18/2022 - Letter 207 - from OLR to the Court
02/16/2022 - Document 206 - Memorandum of Law OLR to Court
02/15/2022 - Document 205 - Memorandum of Law OLR to Court
02/07/2022 - Letter 202 From Steve Cohen to the Court
02/04/2022 - Document 201 MEMORANDUM OF LAW IN REPLY OLR Filed
02/04/2022 - Letter 200 From OLR to the Court
02/01/2022 - Letter 199 From Steve Cohen to the Court
02/01/2022 - Letter 198 From OLR to the Court

01/30/2022 - Document 189 - MEMORANDUM OF LAW Filed with the Court
01/28/2022 - Letter 184 From Steve Cohen to the Court
01/28/2022 - Letter 183 From OLR to the Court
01/21/2022 - Letter 182 From OLR to the Court
01/21/2022 - Letter 180 From Steve Cohen to the Court
01/18/2022 - Letter From Steve Cohen to the Court

Betsy Combier

NYC’s retiree health plan lays an egg


FEB 23, 2022 AT 5:00 AM

The city’s plan to move municipal retirees off their current health coverage into a jerry-rigged Medicare Advantage plan has yet to begin. But the show has been in previews, the word has gotten around, and the audience is heading for the exits.

By crowdsourcing standards, the plan has failed even before its projected April 1 launch date. As of last week, more than 45,000 retirees had opted out of the plan. They chose to keep their current coverage even though it will cost them thousands of dollars annually to do so.

That number is likely to mount fast. Thousands of retirees in many states and Puerto Rico have been watching videos made by three former emergency-service workers. The trio patiently answers questions about opting out, by phone or online. Lines to the plan’s so-called welcome center seem jammed with goodbyes. On a recent day, one caller was twice placed on hold and disconnected

Municipal Labor Committee Chair Harry Nespoli has dismissed opponents as ”only a small fraction of the retiree community,” insisting that “the vast majority of retirees understand the benefits of the new plan.” But of the quarter-million people set to be moved into Medicare Advantage, nearly one in five are willing to pay the high price of rejecting it. Nespoli needs to do the math, this time with a calculator.

Among the refusers are the hundreds of retirees who rallied near City Hall on Valentine’s Day, asking Mayor Adams to halt the impending health care switch. And the 1,800 who signed their names to a “Wall of Broken Hearts,” displayed at the event.

Nespoli is partly right, however: Most retirees will land in the new plan, like it or not. Many can’t pay the stiff new premiums to keep their current coverage, which for most is traditional Medicare and a supplement. Others could be trapped while searching for an escape. If, as expected, a court-ordered stay on the plan’s launch is lifted next month, the city will toggle masses of former firefighters, teachers, cops and clerks into the brand-new NYC Medicare Advantage Plus plan.

Some won’t know what hit them until their Medicare Advantage cards are turned down by the doctor’s office. Those wanting out of the new plan will find it’s like a Roach Motel: easy to check into but tough to check out of. That may be why the city, under the guise of a “trial period,” is offering a second opt-out deadline of June 30. Unwitting enrollees could be mired for months.

The three former emergency-services workers have made videos pointing the way out. They are board members of the NYC Organization of Public Service Retirees, whose lawsuit won a temporary stay on the plan’s rollout, which a Manhattan judge called “irrational.” Next week, lawyers for both sides will argue whether the city has the authority to make this change, with a ruling expected next month.

The group’s leaders are optimistic about the outcome. But given the difficulties of disenrollment, they advise those wanting to opt-out to act now, before the glue sticks.

Like FDR’s fireside chats, these evening advice sessions have calmed retirees in a time of adversity. Some viewers can’t opt out, some are thinking of giving the new plan a whirl, others want to switch to a different Medicare Advantage plan, still offered by the city for a limited time. The chat hosts don’t judge, leaving that decision up to each retiree.

If only the municipal unions took that attitude. Having raided a city fund meant for health benefits to find money for workers’ raises, the unions are desperate to save costs on retiree coverage. Hence, we find Michael Mulgrew, president of the United Federation of Teachers, dismissing the worries of the many retirees whose doctors say they won’t accept the new insurance.

“They don’t know what network they’re in. Their billing departments do,” Mulgrew said in an October webinar. Indeed, when one of Mulgrew’s own doctors said he wasn’t in the new plan, Mulgrew refused to believe him. “He had no clue,” the union president said. Why else would the doctor be listed in the plan’s provider directory?

Because mistakes happen, as Memorial Sloan Kettering discovered. After lengthy negotiations, MSK signed a short-term contract with the city’s new plan. Yet it continued to print bills warning that no Medicare Advantage plans were accepted, alarming retirees. As this paper reported, that was a hospital error, since corrected.

That didn’t prevent Mulgrew, so trusting of billing departments, from pointing his finger elsewhere. In an email to UFT retirees, he wrote, “The spreading of misinformation by the plan’s opponents has got to stop. Our retirees are getting hurt.”

Yes, they are. Mr. Mulgrew, Mr. Nespoli, and Mayor Adams. Legions of resisters have sent you a message: This plan has got to stop.

Biederman is a writer and member of the Cross-union Retirees Organizing Committee. In 2016, she retired from teaching for the Department of Education.