Written and edited by Norm Scott:
EDUCATE! ORGANIZE!! MOBILIZE!!!
Three pillars of The Resistance – providing information on current ed issues, organizing activities around fighting for public education in NYC and beyond and exposing the motives behind the education deformers. We link up with bands of resisters. Nothing will change unless WE ALL GET INVOLVED IN THE STRUGGLE!
Well this Unity Caucus attack on UFC over MulgrewCare didn't age well.
What a way to celebrate my 77th birthday and 12th year on Medicare. I still am not 100% sure I won't start paying an extra $400 a month (for me and my wife) starting April 1 to keep my seniorcare. Lots of legalese to wade through.
I'm going to spend the money anyway on Beef Wellington tonight at One if By Land, Two if By Sea.
This is not a slam dunk win for us. The judge offers the city the choice to offer no options and toss everyone into a medicare advantage plan. So if they can't get $200 out of us now they can only save money but eliminating the opt out option. Adams may still do it and Mulgrew won't say boo.
So we may just yet be forced into a MEDAV without the choice other than to leave the senior care altogether and buy an AARP type plan for $200.
A real issue for me is the UFT/Mulgrew backing of privatized healthcare profit making slimebags in the healthcare industry while undermining public option of Medicare. But I'm not shocked at Unity backing naked unfettered capitalism.
That the unions are siding with profit making privatized healthcare over the public options.
They say they are saving money but are opposed to universal care which will be the money saver.
They
are contributing to the long-time decline of medicare which has to pay a
higher premium to MedAdv to cover higher admin costs.
Upcoding is harmful to our health and that is how they squeeze more money out of Medicare.
Expect Mulgew and Unity hacks to declare this a victory for them after attacking the people filing the suit for months. "We intended this all the time."
While happy at the possibilities of victory, it may not be a total one as city and union may still have options. I'm also looking at spin from our side too.
From the decision:
...states unequivocally that “[t]he City will pay the entire cost of health insurance coverage for city
employees, city retirees and their dependents, not to exceed one hundred percent of the full cost
of H.I.P.-H.M.O. on a category basis.
2
” Respondent and nominal respondent aver that the
definition of “health insurance coverage”, as defined in Admin. Code§ 12-126 (a), stating “a
program” as opposed to “any program” means that the City of New York need only pay for the
entire cost of one program. This Court respectfully disagrees. NYC Admin. Code § 12-126
(b)(1) is simply unequivocal and does not use terms like “provide” or “offer”; rather it uses the
term will pay and it provides parameters of such payment. The definition in NYC Admin. Code
§ 12-126 (a)(iv) simply provides what constitutes a program or plan that the City of New York is
required by law to pay for, by defining the contents of such a plan. This Court holds that this is
the only reasonable way of interpreting this section.
Of course, none of this is to say that the respondent must give retirees an option of plans,
nor that if the plan goes above the threshold discussed in NYC Admin. Code § 12-126 (b)(1) that
the respondent could not pass along the cost above the threshold to the retiree; only that if there
is to be an option of more than one plan, that the respondent may not pass any cost of the prior
plan to the retirees, as it is the Court’s understanding that the threshold is not crossed by the cost
of the retirees’ current health insurance plan. This is buoyed by the fact that the current plan has
been paid for by the respondent in full to this point.
A wise sage says:
As
I read this, the city if it gives a choice, must pay for it fully
unless it costs more than HIP. If they take the choice away and truly
throw all retirees into MAP, that would be a bad political move for
unions.
Here is Daily News -- called us David -- funny but talks about city but not getting screwed by union. After all, if unions didn't agree there would be no deal.
Judge rules Adams admin cannot financially penalize NYC retirees who reject controversial Medicare plan
A Manhattan judge ruled Thursday that Mayor Adams’ administration
cannot slap a financial penalty on retired municipal workers who opt out
of the city’s controversial new Medicare plan, marking a significant
win for a group of retirees who fought the health insurance switch in
court for months.
The effort by the administration to levy a $191 monthly fee on retirees
who want to keep their current coverage instead of enrolling in the new
Medicare Advantage Plan runs counter to longstanding local
administrative law, Manhattan Supreme Court Justice Lyle Frank wrote in a
decision.
The law in question, Frank continued, requires the city to “pay the
entire cost of health insurance coverage for city employees, city
retirees and their dependents.” Any attempt to impose a premium or other
cost for coverage is thereby illegal, he added.
“This Court holds that this is the only reasonable way of interpreting this section,” the judge wrote.
Frank’s decision caps a court battle between the city and a group of
retired city workers that began last year under former Mayor Bill de
Blasio’s administration.
In announcing the plan last fall, de Blasio’s administration presented
Medicare Advantage as a boon to the city and save taxpayers hundreds of
millions of dollars every year because it is subsidized by the federal
government at a higher rate. At the same time, the administration
maintained the new plan would provide the city’s roughly 250,000
Medicare-aged retirees with health coverage that’s comparable to what
they’re currently receiving.
But the NYC Organization of Public Service Retirees sued over the move,
charging that the new plan would result in inferior coverage, including
by imposing complex new preauthorization procedures for specific
medical procedures.
After vowing on the campaign trail to make sure the new Medicare plan
wouldn’t be a “bait and switch” for retired workers, Adams announced last month that he would move ahead with implementing it as envisioned by de Blasio, angering retirees who said he was going back on his promise by keeping the $191 penalty intact.
Retired New York City municipal workers are pictured marching near
Brooklyn Borough Hall to call on Mayor-elect Adams to preserve their
Medicare coverage last December. (Luiz C. Ribeiro/for New York Daily News)
A spokesman for Adams did not immediately return a request for comment after Frank’s ruling.
Steve Cohen, a lawyer for the NYC Organization of Public Service
Retirees, said the judge’s order validates the concerns of his clients
and amounts to an “incredible victory” for them.
“The city got greedy, and held a sword over the head of retirees and
said, ‘If you don’t accept your new plan, we’re not going to pay for
your health care,’” Cohen said. “The judge saw right through that and
said, ‘No way, you can’t do that.’”
According to data reviewed by the Daily News, more than 45,000 retired
city workers had opted out of Medicare Advantage Plan as of mid-February
despite the now-rescinded financial penalty they would face.
The Adams administration can still offer the Advantage plan to retirees
on a voluntary basis, starting April 1, under Frank’s ruling. It was
not immediately clear Thursday afternoon how the administration will
proceed.
Here is the presser announcement going on now.
NYC Municipal Retirees to Celebrate Court Victory on Healthcare Coverage
Scores of retirees will gather near City Hall at 2:00 p.m. today
(3-3-22) to celebrate a court ruling that will let them keep their
health benefits without paying punishing premiums.
In
a David-over-Goliath victory, a Manhattan judge ruled this morning
against the city's plan to move a quarter-million retirees off their
current coverage, traditional Medicare and a supplement, into a
controversial new Medicare Advantage plan.
A
retiree group had sued the city, saying the proposed plan would limit
their access to doctors and services. Today Justice Lyle E. Frank of
state supreme court in Manhattan prohibited the city from imposing stiff
new premiums, $191 per covered person, on retirees wishing to opt out
of the premium-free new plan. Roughly 47,000 retirees and dependents
have already opted out despite the proposed penalty, which will no
longer be imposed.
The city can still
implement its new Medicare Advantage plan on April 1, with many retirees
expected to be enrolled in it -- not necessarily with their active
consent -- but the ruling gives them three months to switch out of it.
Lawyers for the retiree groups will address the rally this afternoon to give more details.
Biden's speech almost as long as Mulgrew DA President reports.
AFT’s Weingarten on President State of the Union Address.... [SATIRE WARNING]
...he
made the case against the threat posed by autocrats and those who
excuse them, both here and abroad. Democracy and freedom are worth
fighting for—as the Ukrainian people are showing us every day.
How we wish the autocrats in Unity Caucus would show the same spine as the Ukranian President who does not wear people out with long filibustering speeches.
Nick Bacon (open mic): Seeks support from and
consultation with UFT leadership for his school. Speaks on the need for a
robust PINI program and organizing committee, so that schools in need
can rely on a real targeted response from the UFT when chapter
organizing or district/borough conversations fall short. This is
important for morale in chapters that have done everything but seen no
results. If we do the work to build–really rebuild–our city-wide
organizing infrastructure, we can co-organize with schools in need and
show solidarity. Says he would sign up to picket with another school in
need any day, and knows other members across the city would do the same.
Also speaks on the importance of giving real say to teachers in the C30
process to prevent foreseeable issues. Thanks executive board for
hosting him.
Leroy Barr: Thanks Bacon for coming and notes that staff will be in contact for next steps for school issues.
Motions to approve adcom minutes are approved unanimously.
Michael Mulgrew: (president’s report): Says he hopes
everyone took advantage of the break. Says March is the busiest month
in terms of union activity, as every weekend is full of events.
Masks: working closely with the AFT to push the CDC to come out with
some sort of criteria with areas to look at for schools. We’re in NYC,
but imagine at the AFT level where some parts of the country are all
political. It gets ugly. That’s the reality for AFT work. Thankfully,
the CDC listened and came up with a color coding. If you’re green, you
may start looking at lessening restrictions on masks. Important because
we plummeted in positivity in New York.
We decided before the break that we wanted everyone to have test
kits, then continue to do the surveillance program. We’re going to take
this week and see if the numbers continue to get lower than look at
possibly lessening some of the restrictions.
Brings up graph: discusses the omicron spike, which turned out to be
less serious (but is still serious), then we had a much more rapid
decline than expected. It was like we ‘stepped off a cliff.’ But are
there other variants? The variants out there of omicron are less serious
than omicron, so our doctors are telling us that we can start looking
at loosening restrictions – that’s how we get out of a pandemic. Keep
your monitoring in place, but you can start loosening your restrictions.
So we’ll do the testing – another 85,000 tests done in schools this
week – people can still report the at-home tests.
To be clear, if that decision is made, it’s not our decision, but our
doctors have said that if that data remains steady, if there’s no spike
after break, then we can loosen restrictions. All of our other
safeguards will stay in place (masks, testing, etc) if that happens. If
we loosen up restrictions and we get to Spring Break and see nothing in
our surveillance, we could maybe–cross your fingers–be getting there.
But if something happens, you’re gonna have to move in a different
direction. Our doctors are telling us we should not fight the
administration if the city decides to unmask. But you should be
able to wear a mask if you have a situation. We had teachers being
disciplined for wearing masks before the March shutdown. We’re not in
that situation anymore.
The state mandate will be lifted on Wednesday, after which we’ll be
talking to our mayoral administration. We have members who like masks
and don’t like masks. The majority of members who communicate with me
tell me as long as the data is there and the doctors are ok with it,
they just want to know about the particulars.
That’s it on the masks. I’m apprehensive and optimistic at the same
time. I have way too many conversations in my life about this – takes up
a lot of my work time. Two other times before we thought we’d be
leading our way out of this, and that didn’t turn out to happen. So
we’ll do the surveillance and look at the data and go from there.
Possible that on March 7th we’ll have an optional mask program in the
schools. But you can see the drop there on the graph.
Negotiating committee, first meeting is on March 30th.
No one is talking about the socio-emotional problems that came out of
the pandemic, but I keep talking about masks. Reality is there was a
lot of damage. As a workforce we’ve also been damaged, and if they would
listen we’d love X, Y, and Z so we can ‘do the work.’
Ugliest negotiations we’ve ever had with NYU. A lot of work went into
it and we were highly active throughout the entire practice. Last
Thursday, they were able to get their contract ratified, but it was a
difficult negotiation.
Mulgrew – Question Period:
Mike Schirtzer: (1) We passed the resolution at
EBoard and it never made the floor at the DA, the resolution on
distributive scoring being kept in home schools. Need to move that up
because it’s about to happen. What’s the protocol, can we move that up
here at Eboard?
Mike Mulgrew: Not sure, might be called out of
order, which seems to happen a lot lately. But, assuming we as an
executive board – we can make a motion to move that up the agenda at the
next DA.
Schirtzer: Makes motion to move up the aforementioned resolution at the next DA. Seconded, no debate, question called, motion passes.
Mulgrew: this is how the agenda gets set, so it was appropriate to do it that way.
Schirtzer: (2) Speaking as a social studies teacher,
social studies is under attack all over the USA. We have great
committees here. How do we go about making a resolution to teach history
as it already happened, especially with all the laws being passed
across the country to the contrary?
Mulgrew: That resolution was already passed at the AFT level, but we can take that resolution and go from there.
Janella Hinds: Happy to work with Mike. We love writing resolutions so let’s make it happen.
Mindy Rosier-Rayburn: Vacation days and 683. Can they be used during 683?
Mulgrew: Think so. The arbitration says we can, so don’t as questions for things we think we already have.
(Missed name): On masks, hearing diverse opinions,
but in schools where vaccine rates are low and maybe a teacher has an
immune problem, nervous about this.
Mulgrew: That’s one of the conversations I’m having.
But this decision will not take away your ability to wear a KN95 mask.
Vaccination rates are highest in Manhattan, there’s a map out there,
it’s public now. So let’s have a campaign to get rates up, because some
schools have extremely low vaccine rates (which tend to mirror the
neighborhoods they’re in). But, NYC has reached the threshold for herd
immunity.But your ability to wear your mask and get your test is still there.
Rashad Brown: Does AFT have a resolution yet on the Florida Parental Rights and Education Bill
Mulgrew: There’ll be some debate at the AFT, but
we’ll make sure we put in our own input, but we can do it the opposite
way – do our own resolution and bring it to the AFT.
George Geiss: ENL coordinator – any numbers citywide for students who are Ukranian? Can we pass a resolution in solidarity with Ukraine?
Mulgrew: Don’t have that data at this time. Assuming we’ll get an influx of Ukranian students rather quickly. Will work with you.
Camille Edy: Teachers in district 16 are worried
about masking. We have low vaccination rates. We’re wondering what the
relaxation of the masking guidelines will have on encouraging vaccines.
We think the opposite will happen – if they see masking relaxation,
parents won’t think there’s a need to get students vaccines.
Mulgrew: Hear that fear. But there’s a lot of
misinformation about the vaccine that you hear in the AFT debates. I’m
concerned about 7 districts, including District 16, but remember –
members, wear the masks – the 95s.
Camille Edy: CLs are brainstorming ways to get the students vaccinated.
Mulgrew: Thanks everyone and closes.
Leroy Barr: asks for reports from districts.
Janella Hinds: 4th Herstory celebration this Friday, 4-5:30 – theme is strength, courage, and women. Virtual event.
Karen Alford: March 19th (saturday) early childhood
conference, first time in person in a few years (hybrid event). CTLE
hours offered and ask your school for a purchase order if you don’t want
to pay for it.
Leo Gordon: March 15th, CTE awards. First time in person in a while.
Rashad Brown: March 3rd at 4:00 PM, Dr. Monique Morris ‘Pushout’ documentary about criminalization of black girls.
Join Retiree Advocate/UFT - Become a member: yearly dues: $20.
Send check made out to Retiree Advocate/ UFT
P.O. Box 22567, Brooklyn, NY 11201-2567 or click this link to pay withPaypal Retiree Advocate is a member of UNITED FOR CHANGE Come and work with us on this historic election campaign!
Unity Caucus claims “[they] do the work.” But over the last several
decades, they’ve allowed the DOE to pile on extra responsibilities for
all UFT members. In essence, under Unity, we’re overworked.
Let’s take a look at an example. The other day, I was logged in for some
mandatory per session. After a long day, I was ready to go home. But,
this year, whenever a student quarantines, teachers are obligated to do
remote office hours. In many schools, COVID rates are so high that
teachers find themselves doing these office hours many times a month if
not every week. Yes, teachers can pick which days they work the extra
hours or forego their lunch breaks. But this extra work is compulsory.
It doesn’t take a rocket scientist to realize what’s happened here – our
work days have been extended, and undemocratically at that. Had I had a
seat at the table, I would have argued to replace Monday PD time with
this new task. (After all, there’s precedent for this – we did something
similar last year with ‘office hours’ and ‘co-planning time’ in lieu of
long weekly PDs). I also would have pushed for better remote
infrastructure in the first place. But, I didn’t get a vote. You’d think
the DA would have been consulted, but we weren’t. As usual, you and the
rest of the Unity leadership pushed the forced overtime on teachers
without consulting us.
So, inspired by Norm Scott’s excellent piece detailing
the ways that Unity has ‘not done the work,’ I decided to put together
an incomplete list of the ways they’ve also pushed more work onto the
rank and file. We are overworked, because Unity Caucus:
-Negotiated endless PD Mondays and OPW time on Tuesdays
in exchange for one-time wage increases. Years later, our wages have
not kept up with inflation, but the extended days remain.
-Let the DOE enforce mandatory per session for office hours (as well as special education recovery services) rather than repurpose already existing extended days.
-Is committed to healthcare givebacks, making us work harder to find providers or get affordable necessary care.
-Gave the greenlight for tenure to be extended from
three to four years minimum, which is now routinely denied or extended
by principals and superintendents, even after teachers put in the work
to create expansive portfolios that were never required previously.
- Has failed to reduce class sizes or caseload caps in
60 years, even as the instructional techniques mandated by the Danielson
rubric (e.g. differentiation, collaborative learning strategies)
essentially require small class sizes. -Stripped us of many of our protections against abusive administrators, such as the PINI program, and the right to grieve letters in the file. - Allowed the discipline code to deteriorate, without
building up the functioning restorative justice programs we were
promised would fill the void. Without any disciplinary infrastructure,
teachers have significantly more draining experiences managing their
classrooms, and to the detriment of all students (many of whom are
traumatized by witnessing fight after fight). -Let schools reopen at full capacity, without a remote
option, during Omicron, leading to thousands of student and teacher
infections. As misinterpretations of the new CDC guidance flourish, many
of these teachers have been harassed by administrators to come back
only five days after testing positive, despite maintaining symptoms.
Many others have contracted long-COVID in the unsafe classrooms that
Unity rubber stamped, and now must grapple with whether they even have
the energy left to continue their teaching careers.
I for one am sick of being over-worked because Unity fails to deliver.
Next election, I’ll be voting United for Change. They’ll actually do the
work.
45,000 NYC retirees have rejected the MAPPto stay in their traditional free Medicare Plan in spite of the fact that they will have to pay a $200 a month premium. Why?
-Prior Authorizations (an AMA report) delay treatments
-Private Insurance Plans are more expensive
When PNHP
launched this campaign three months ago, the Direct Contracting (DC)
program was flying under the radar of both seniors and Congress. But
through our tireless advocacy, organizing, and media outreach, we’ve
succeeded in making Direct Contracting a toxic name.
CMS had to respond. But instead of rejecting this backdoor privatization
model, they tried to push it back under the radar with a new name —
“ACO REACH.”
Just like it’s evil twin, Direct Contracting, the proposed REACH program would:
-Pay third-party middlemen a flat fee to "manage" seniors' health, allowing them to keep up to 40% of what they don’t spend on health care as profit and overhead.
-Automatically enroll Traditional Medicare beneficiaries into REACH without their full understanding or consent.
-Require beneficiaries to change primary care providers if they wish to opt out of the program.
-Allow virtually any type of company to be a REACH
middleman, including those owned by commercial insurers and private
equity investors, as well as every company currently participating in
the DC program. Wall Street is betting on Medicare privatization as their next big score, and it will take a movement to stop. PNHP
From Bloomberg News a brief example of how Wall Street is closely aligned with the Center for Medicare and Medicaid Innovation
Clover Health at More Risk on Rollback of Trump Medicare Program OKA "Direct Contracting"
Concerns over CMS policy changes threaten Medicare-tied stocks
Clover Health shares slide 90% from June peak, Cano down 60%
By Cristin Flanagan, Bloomberg News, February 17, 2022 A
potential rollback of a Trump administration Medicare program could
threaten a handful of recently listed stocks from the past two years
including Clover Health Investments Corp.
Clover, which went public in a blank-check merger backed by Chamath
Palihapitiya, has already seen its stock drop 90% from a June peak. But
the stock could take another leg downward if a program known as direct
contracting -- a payment model that allows private companies to take
part in Medicare -- is ended or scaled back, as it accounts for roughly
60% of its sales, according to Citigroup.
Clover is one of several health-care technology and service upstarts
that have come to the market with big-name backers and heady valuations
recently. But a broad market rotation away from high-growth names in the
face of rising interest rates, as well as cooling daytrader interest,
has reined in stock prices. Now, potential Medicare changes could
further pressure the stock and others, with little room to reverse
course.
Citigroup analyst Jason Cassorla has opened a 30-day negative catalyst
watch on a trio of health companies including Clover saying there is
“limited upside” from any decision by the Centers for Medicare &
Medicaid Services.
The list
also includes Cano Health Inc., a medical provider backed by billionaire
Barry Sternlicht that gets about 16% of its sales from the Medicare
program, and health insurer Bright Health Group Inc., which earns
roughly 5% from the program. Both Cano and Bright Health shares are down
more than 50% since June. Additionally, clinic operators Oak Street
Health Inc. and 1Life Healthcare Inc. -- both trading below their 2020
IPO prices -- could be impacted, according SVB Leerink analysts. All the
Medicare-levered names tumbled Thursday amid a broader geopolitically
driven selloff; 1Life closed down 12% while Clover tumbled 11% and Cano
Health slid 9.3%.
Expand our Social Security benefits and ensure that they are not diminished or removed
Win a (single payer) universal health program, support and organize for the NYHealth Care Act
Increase our COLA (cost of living adjustments)
PROTECT WORKING EDUCATORS and SAVE PUBLIC SCHOOLS WITH FULL FUNDING•UFT
Take immediate steps to support teachers working under abusive administrators
Fight for Pension Equity- tier 1 for all. Equal work deserves equal pensions
Restore the Retiree Organizing Committee.
Defend our public schools and take a more active role in preventing them from being privatized
Say No to Charters, vouchers and any system that creates unequal worker tiers
Reduce Class Size! Cut administrator costs
EXPAND UNION DEMOCRACY
Working members should have greater voting weight when electing union leadership
Change the current “winner take all” election system using proportional representation for union slate
Represent
a variety of views and interests in our chapter. Diversity of ideas
leads to better decision making (which results in a stronger union)
FIGHT FOR SOCIAL JUSTICE FOR ALL
We support The Black Lives Matter movement. End systemic racism and oppression
We call for an end to police brutality, real police reform and the end of the militarization of police departments
We support raising the minimum wage to at least $15 an hour.
The
federal government should institute a massive jobs program to address
racial and economic disparity. Support economic and health victims of
the pandemic
Work to cut the excesses in the military budget and redirect monies to expand social services and benefits in local communities.
This
page is specifically for you, the active NYC worker. We want you to
know that we were just like you, loyal union members in the City of New
York. Many of us have been retired for 10, 20, 30, 40 and even 50 years
already. We were made certain promises and had collective-bargaining
agreements just like you do. Our agreements stated that the insurance we
had in employment would continue into retirement until our death. As
Retirees, we are also entitled to Medicare B reimbursement. These are
all benefits our unions won for us during our tenure.
Now, sadly it seems the union position which used to be protect its
workers and Retirees, is making side deals behind your back and just
sold out every New York City retiree.
