Medicare Advantage Lawsuit Decision

An INJUNCTION/RESTRAINING ORDER was filed alleging the respondents (City of NY and Office of Labor Relations) unlawfully amended the Medicare plan of current retirees. The Court has previously held on October 21, 2021 that the selection of the Alliance to administer the proposed Medicare Advantage Plus Plan was not arbitrary and capricious, however the implementation of the plan was irrational. As such, the Court ordered the parties to conference and negotiate a favorable implementation process and for the respondents to present to the Court a plan consistent with the October 21 order. On 12/14/21, the NY Supreme Court Honorable Judge Frank ruled on the Medicare Advantage lawsuit allowing the MA plan to go forward effective April 1, 2022, subject to the Alliance’s interim reporting on implementation plan progress. The Judge accepted our argument that retirees are to be held harmless for possible multiple deductibles occasioned by being in one plan for the first part of the year and then in the MA plan for the balance. To read the Court’s decision click here

Any questions please free to contact the union office . We hope to have another information session sometime after the holidays.