A week ago, on July 6, Judge Lyle Frank of the Supreme Court of the State of New York issued a Temporary Restraining Order against New York City’s attempt to implement a new healthcare plan for retirees which would force us off Medicare and on to Aetna’s Medicare (Dis)Advantage Plan.

     His argument began by saying that retirees won on the merits of the case, since the city had promised its workers that they would receive a Medicare supplemental plan when they retired so it could not now re-neg on that promise.  The city used the word “will” in the Administrative code, so Judge Frank argued that is “to this Court a promise that is forward looking.”  Also, New York City promised that “the City will pay the entire cost of health insurance coverage for city employees, retirees, and their dependents.”  Retirees worked for city agencies, hospitals, schools and universities and as police, firefighters, and sanitation workers as well.

     Then, the court held that many retirees do not know if their doctors will accept the new Aetna plan.  Since many of the almost 300,000 city retirees are “elderly and infirm” AND the attorney for Aetna acknowledged that “there would very likely be situations where medical care deemed to be needed by a doctor for a retiree could be turned down,” the judge concluded that “irreparable harm would result.  There can be no more specific irreparable harm than this.” 

     Therefore, everything is put on hold.  Instead of having to decide whether to go with Aetna or pay for the Medicare supplemental plan ourselves (which would cost about $6000 a year) by July 10, we now can wait and see.  The implementation of this plan on September 1st is also postponed.

     The city and Aetna will almost certainly appeal this decision.  But a lawyer friend has told me that this opinion “is very strong.”  In the meantime, we need to support the retirees’ attorneys and be ready to swing into action again.  But it’s a great decision and a weight has lifted off our shoulders.  It’s difficult enough being old (and at least 10 retirees are over 100) without having to figure out new health plans and programs.  La lutta continua!

     I haven’t written a blog lately because I’ve been too busy writing about another issue:  New York City’s decision to remove its nearly 300,000 retirees from Medicare and force us onto Aetna Medicare (Dis)Advantage.  This is one of the many ways Mayor Eric Adams is hoping to cut costs.  I’m amazed both by the effrontery of the move and by the lack of response to it, except among retirees.

     I worked for the City University of New York for 33 years.  Part of my, and every other city worker’s contract, was that we would go on Medicare when we were 65.  We all pay for Medicare from our Social Security payments (the amount is deducted before you receive the monthly Social Security checks –- a surprise to me and many others).  The city subsidized the drug benefits.  I remember a cartoon from years ago where a right-wing person was shouting, “Hands off my Medicare!”

     Medicare “Advantage” programs are commercial and designed to make money.  The city worked out some special provisions with Aetna, but in a lengthy two-hour Zoom session, Aetna failed to mention that it’s only in effect for five years.  After that, they can make whatever changes they want.  Also, the Aetna representative kept stressing that “If your doctors take Medicare, they’ll take us, because we pay the same amount.”  What he failed to mention is that Aetna requires a great deal more paperwork than Medicare, which many doctors don’t want to do.

     I’ve written every city official I could think of about this situation: Mayor Adams, Comptroller Brad Lander, my Council Member Shahana Hanif –- all to no avail.  I wrote the mayor, “You may think you can do what you want to us because we can’t strike, but we VOTE!”  I also wrote the New York Times.  They require that your letter be tied to a recent article and I pegged mine to one on how doctors suffer from Medicare Advantage programs.  Nothing happened.

     Time is of the essence here.  We have to decide what to do by June 30th.  The system changes on September 1st.   We recently got an email from the NYC Retirees Group, saying “Don’t panic, things may change.”  There’s a lawsuit in the works, etc.  One problem is that the mayor’s former workmates, the Police Union, voted in favor of this change, as did the Sanitation Workers.  All the rest of us: Fire Fighters, Hospital Workers, Teachers, and Professors, voted against it.

     Having consulted a lot with colleagues and retirees’ groups, I’ve pretty much decided to opt to stay on Medicare.  I’ll take out a Medigap policy for drugs with AARP.  Both my sister and some friends have that and like it.  But I sure hope there’s publicity about this issue and that things change before the middle of June.

Check out my new blog post, "Ernestine Rose in New York City," at the Gotham Center.

Rose lived in New York City for 33 years, longer than in any other place.  To my mind, she was the quintessential New Yorker.  Her intelligence, her ready wit, her ability to oppose the mainstream, and her internationalism remain New York characteristics today.  But then, as a lifelong New Yorker myself, I'm sure I'm biased. :)

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