Senate Democratic Leader Malcolm A. Smith Convenes Emergency Legislative Meeting
April 30, 2008
(Albany, N.Y.) Senate Democratic Leader Malcolm A. Smith (D-St. Albans) called a joint meeting between the NYS Senate Democratic Conference and NYS Assembly Members to take legislative action on police policies and procedures.
“There is no question that there is a need for a legislative response to past shootings and incidents that have been highly controversial,” said Senator Smith. “The proposed legislation that emerged from today’s meeting presented laws that will protect both our constituents as well as our law enforcement agents.”
The meeting took place in response to the controversial acquittal of three New York City police officers in the Sean Bell trial. Community residents have expressed outrage over the fatal November 2006 shooting of the bride-groom departing his bachelor party the morning of his wedding, said Senator Smith.
Law enforcement officials and fraternal organizations have also expressed concerns.
“The New York Congressional Delegation is exploring federal legislation to address police policy, nationally,” Smith said. “We, on the state level must now begin to reassert the faith of New Yorkers in the judicial process.”
Smith said that state legislators will also be seeking input from the law enforcement community on any legislation being considered.
Senator Eric Adams, Ranking Democrat on the Standing Committee on Crime Victims, Crime & Correction Committee said: “Now that the criminal court has spoken it’s imperative that the legislators put in place laws and procedures that will prevent a Sean Bell-type incident from taking place again. It is my belief that the Sean Bell incident revealed that there are many deficiencies in police policies and we have an obligation to address those areas of deficiencies.”
Assemblyman Ruben Diaz, Jr. said: “On February 4th of 1999 our neighbor Amadou Diallo’s shocking death brought focus and determination to the struggle for Justice. More recently the tragic police shooting of Sean Bell, Joseph Guzman and Trent Benefield has sadly reminded us all about the urgent and dire need to stop police brutality, racial profiling, and the inexcusable use of excessive force which in this case resulted in the untimely death of Sean Bell. Now that the court has spoken it is necessary to pass into law the appropriate legislative measures to resolve the problems surrounding police misconduct once and for all.”
The cooperative assembly conceived five legislative issues that the Senate and Assembly Members will propose in their respective session, which included:
- Appointment of a special/independent prosecutor to investigate cases of police misconduct
- Training and protocol of police officers
- Crime scene protection and questioning of witnesses
- Videotaping of confessions and interrogations
- Mandating consent of a prosecutor for the waiver of a jury trial
Senator Neil D. Breslin (D-Albany) said: “Complaints against law enforcement officers should be handled in a comprehensive, immediate, and thorough investigation, which will be consistent throughout the State of New York.”
Senate members participating in the meeting included: Senate Deputy Democratic Leader Jeff Klein (D-Bronx), Senators William T. Stachowski (D-Buffalo), Martin Malave Dilan (D-Brooklyn), Ruben Diaz, Sr. (D-Bronx), Andrea Stewart-Cousins (D-Westchester), John Sampson (D-Brooklyn), Liz Krueger (D-Manhattan), Bill Perkins (D-Manhattan), David J. Valesky (D-Syracuse), Velmanette Montgomery (D-Brooklyn), Jose M. Serrano (D-Manhattan), Efrain Gonzalez (D-Bronx), John Sabini (D-Queens), Kevin Parker (D-Brooklyn), and Ruth Hassell-Thompson (D-Bronx).
Also in attendance was Assembly members Ruben Diaz, Jr. (D-Bronx), Vivian Cook (D-Queens), Hakeem Jeffries (D-Brooklyn), and Darryl C. Towns (D-Brooklyn), Chair of the New York State Black, Puerto Rican/Hispanic and Asian Legislative Caucus.
Smith said: “This issue does not just threaten New York City, but it threatens our State. I hope my colleagues across the aisle find the need for legislation just as important.”
Photo: Senate Democratic Leader Malcolm A. Smith
Law Enforcement Objections to Medical Marijuana Bill at Odds With Reality, Advocates Say
April 29, 2008
(Minneapolis, MN) In a press conference held today at the statehouse, advocates offered a point-by-point refutation of misleading-to-outright false statements made by some law enforcement officials during testimony before the legislature and in the media regarding the medical marijuana bill pending on the House floor.
Proponents of S.F. 345, the bill to protect from arrest seriously ill Minnesotans who use medical marijuana with a doctor’s recommendation, said certain aspects of the law enforcement community were relying on misstatements and untruths to derail the bill.
“Some legislators, as well as the governor, have indicated they may not be willing to support this sensible and compassionate legislation, based on the words of certain aspects of the law enforcement community,” said Neal Levine, director of state campaigns for the Marijuana Policy Project. “Therefore, we feel it’s important to look at those words.”
For example, Dakota County Attorney James C. Backstrom stated in legislative testimony that “there is no proven medicinal value in using marijuana to treat illnesses or disease.” In fact, the 124,000-member American College of Physicians has noted “marijuana’s proven efficacy at treating certain symptoms and its relatively low toxicity.”
For a detailed list of false and misleading statements made by Minnesota law enforcement officials, along with sourced refutations of each one, visit: http://www.minnesotacares.org/media/law_enforcement.pdf.
Also during the press conference, Levine announced the latest in a series of TV ads airing statewide, featuring Minnesota medical marijuana patients urging Gov. Tim Pawlenty not to veto the medical marijuana bill as he has threatened to do if the House passes it.
The new ad features K.K. Forss of Ely, who suffers constant debilitating pain caused by a ruptured disk in his neck and nerve damage from subsequent surgeries. The ad is available online here: http://minnesotacares.org/Ads_video.html.
“This doesn’t have anything to do with culture wars,” Forss says in the ad, noting that he is a registered Republican and a born-again Christian. “We have people suffering in horrible pain, and we talk politics – it doesn’t have to be that way.”
With more than 23,000 members and 180,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. For more information, please visit www.MarijuanaPolicy.org.
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Toyota Offers Free Defensive Driving Program for New York Teens to Learn Critical Driving Skills
April 29, 2008
(Long Island, N.Y.) – Teenagers are involved in fatal traffic accidents at more than twice the rate of the rest of the U.S. population, and according to the National Highway Safety Traffic Administration, New York ranked among the top 15 states in highest number of teen driver fatalities in 2006. To help prevent future teen driving deaths in the area, Toyota is hosting its hands-on teen and parent advanced driving skills program, “Toyota Driving Expectations,” in Elmont, N.Y. at the Belmont Park Race Track, May 2-4.
Offered free of charge, the program goes beyond what is taught in typical driver training classes by putting teens behind the wheel to face challenging, real-world scenarios under the supervision of professional drivers. It is also one of the only programs of its kind that requires teens to attend with a parent or guardian so they can learn how to drive more safely together. In Elmont, 14 program sessions will be held—two four-hour sessions on Friday, May 2 between 1 p.m. - 6 p.m. and six four-hour sessions on both Saturday and Sunday, May 3-4 between 8 a.m. - 6:30 p.m. Registration is now open online at www.toyotadrivingexpectations.com.
“Toyota is committed to safe driving and equipping teens with the tools and confidence they need to become better drivers,” said Michael Rouse, Toyota’s corporate manager of national philanthropy and community affairs. “Since the program’s debut in 2004, Toyota Driving Expectations has touched the lives of more than 7,500 teens and parents, creating an open dialogue within families to develop and maintain safe driving habits.”
Each four-hour Toyota Driving Expectations program begins with an opening session for all participants where they are introduced to the privilege and risk associated with driving as well as the program’s curriculum, which includes driving courses and classroom-style sessions with tailored content on a broad range of driving-related topics.
The driving courses help teens practice how to best keep their eyes on the road, learn about how anti-lock braking systems work on both wet and dry roads and demonstrate how everyday distractions, to which new drivers are especially prone, can have unexpected, hazardous consequences. Parents also drive a distraction course so they can experience how reducing focus on the road poses serious dangers. At the end of the program, to reinforce what they learned, teens and parents develop a safe driving contract together to be put into practice when they return home.
A leading resource on strategies for advancing safety and health programs, The National Safety Council has been involved with Toyota Driving Expectations since its inception. The program includes elements of the Council’s signature driving programs, including Alive at 25 and Family Guide to Teen Drivers.
About Toyota
Toyota (NYSE:TM) established operations in North America in 1957 and currently operates 13 manufacturing plants. In addition, new plants are under construction in Ontario, Canada and Mississippi. There are more than 1,700 Toyota, Lexus and Scion dealerships in North America which sold more than 2.9 million vehicles in 2007. Toyota directly employs over 43,000 in North America and its investment here is currently valued at more than $21 billion, including sales and manufacturing operations, research and development, financial services and design. Toyota’s annual purchasing of parts, materials, goods and services from North American suppliers totals more than $30 billion. According to a 2005 Center for Automotive Research study, Toyota, along with its dealers and suppliers, has generated nearly 400,000 U.S. jobs, including jobs created through spending by direct, dealer and suppliers employees. For more information about Toyota, visit www.toyota.com.
H2M is Proud to Announce Joann M Slavin to Recieve Top 50 Women Award
April 28, 2008
(Melville, N.Y.) H2M, a multi-disciplined engineering, architectural and environmental laboratory service firm, is proud to announce that Joann M. Slavin has been selected as a member of the 2008 class of Long Island’s Top 50 Most Influential Women in Business, which recognizes the significant contributions of women professionals to the region’s economy and to the communities in which we do business. The awards, hosted by Long Island Business News, are sponsored by Hofstra University, Deloitte, U.S. Postal Service, LISTnet, the law office of Jaspan Schlesinger Hoffman LLP, Bank of America, Verizon and The Crest Hollow Country Club.
Mrs. Slavin and the rest of the 50 women will be honored at a special awards gala at The Crest Hollow Country Club on the evening of Thursday, May 15.
“It is very gratifying to see Joann’s outstanding executive leadership recognized by the business community. Joann deserves our whole hearted congratulations!” said Mr. John J. Molloy, P.E., President and CEO of H2M.
Joann M. Slavin is the Senior Vice President, and Laboratory Manager for H2M Labs. Founded in 1957, H2M Labs is a leading analytical testing laboratory performing analyses in bacteriology; wet and automated chemistry; gas and liquid chromatography; atomic absorption and ICP spectrophotometry; and GC/mass spectrometry. It is because of her direct effort and dedication that she has brought H2M Labs to the highest level; awarded the American Council of Independent Laboratories Seal of Excellence for 8 consecutive years.
As Laboratory Manager, Mrs. Slavin is responsible for directing all laboratory operations and activities. She became Senior Vice President in 2005, and is member of the Board of Directors. She received both an M.S. and B.S. degree in Toxicology from St. John’s University, and is currently a member and Board Director of the New York Association of Approved Environmental Laboratories as well as the Melville Rotary. Mrs. Slavin, of Amityville, started with H2M in 1980 as a chemist. She resides in Amityville, NY with husband Thomas and children, Melissa and Thomas.
For further information about H2M or H2M Labs feel free to call 631-756-8000 or visit the website at www.h2m.com.
Founded in 1933, H2M has grown to be one of the most respected professional consulting firms in the Northeast, providing full-service engineering, architecture, environmental services, and laboratory analysis. H2M consists of Holzmacher, McLendon & Murrell, P.C., H2M Labs, Inc., H2M Associates, Inc., H2M Architects & Engineers, Inc.; and has offices in Melville, New York and Parsippany, New Jersey.
eBay Files Corporate Governance Suit to Protect its Investment in Craigslist
April 26, 2008
(San Jose, C.A.) In order to safeguard its four-year financial investment in craigslist, eBay (Nasdaq: EBAY; ) today filed a lawsuit in the Court of Chancery of the State of Delaware challenging recent transactions implemented by craigslist’s board of directors, consisting of Craig Newmark and Jim Buckmaster.
In 2004, after negotiating the transaction with craigslist’s board, eBay acquired a minority ownership interest in craigslist of 28.4 percent.
In January 2008, however, Newmark and Buckmaster adopted measures that, among other things, unfairly diluted eBay’s economic interest in craigslist by more than 10 percent. By taking these unilateral actions, eBay believes that Newmark and Buckmaster breached their fiduciary duties in violation of Delaware corporate law.
“The recent actions by the craigslist directors have disadvantaged eBay and its investment in craigslist,” said Mike Jacobson, eBay Senior Vice President and General Counsel. “Since negotiating our investment with craigslist’s board in 2004, we have acted openly and in good faith as a minority shareholder, so we were surprised by these recent unilateral actions. We are asking the Delaware court to rescind these recent actions in order to protect eBay’s stockholders and preserve our investment.”
The complaint is being filed under seal because some of the information about craigslist contained in the complaint is governed by confidentiality restrictions.
About eBay Inc.
Founded in 1995, eBay Inc. connects hundreds of millions of people around the world every day, empowering them to explore new opportunities and innovate together. eBay Inc. does this by providing the Internet platforms of choice for global commerce, payments and communications. Since its inception, eBay Inc. has expanded to include some of the strongest brands in the world, including eBay, PayPal, Skype, StubHub, Shopping.com, and others. eBay Inc. is headquartered in San Jose, California.
Source: Ebay
Elected Officials React to Verdict in Sean Bell Murder Case
April 25, 2008
(Queens, N.Y.) Senate Democratic Leader Malcolm A. Smith (D-St. Albans) and New York City Mayor Michael Bloomberg joined other elected officials in calling for calm today in Queens following the controversial acquittal in the Sean Bell murder case.
In light of the decision by the U.S. Justice Department to investigate the allegations from the community of police misconduct in the case, Sen. Smith, Rep. Gregory Meeks (D-Queens), and other elected officials from around the U.S. are scheduled to meet in Washington, D.C. on Monday. The elected officials appeared together today when they announced the renovation of the Workforce One Job Development Center. In a statement released today, the U.S. Department of Justice announced that it will initiate its own probe into the Sean Bell case.
“The past seventeen months have been extremely difficult on the families involved, as well as our community. With the verdict in, we must now look to begin the healing process. We must move forward as a community. No verdict can stop the pain of Nicole Bell, his widow, or his family.
It appeared that the evidence presented by the prosecution was compelling and conclusive. Based on our understanding of the evidence and the circumstances, three accused police officers fired a total of 50 bullets at three unarmed and innocent young men, killing Sean Bell and severely wounding Jose Guzman and Trent Benefield.
We will continue to support the Bell family and the survivors of the incident. Though we understand and share the frustration that many New Yorkers are feeling at this moment, we caution against giving into that frustration. Instead, we urge all who are disappointed with the decision to channel their energy into supporting the families’ intention to seek a special federal prosecutor. On behalf of our communities, we intend to file a complaint with U.S. Justice Department to investigate alleged police misconduct in this case. In the near future the Tri-Level Legislative Taskforce, which held city-wide public hearings, will release its final recommendation. We must remain committed to a justice system that is fair to all.” said Senate Democratic Leader Malcolm A. Smith
Photo: (L-R) Queens Borough President Helen Marshall, Queens City Councilman Thomas White(D-Queens), Senate Democratic Leader Malcolm A. Smith(D-St. Albans), New York City Council Speaker Christine Quinn (D-Manhattan), New York City Mayor Michael Bloomberg, New York City Deputy Mayor Dennis Walcott, Small Business Commissioner Rob Walsh and Queens City Councilman Leroy Comrie (D-Queens).
NBA Legend Norm Nixon Named Spokesman of Program That Aims To Raise Awareness of Hypertension and Diabetes Among African-American Men
April 24, 2008
(New York, N.Y.) In a continued effort to help others and help their own, the National Basketball Retired Players Association (NBRPA), also known as the Legends of Basketball, has teamed up with the Black Barbershop Health Outreach Program to help educate and empower African-American men to better understand the prevalence of hypertension and diabetes and how to prevent its development and complications. The partnership was announced today at Inglewood’s Finest Barbershop in Inglewood, Calif., where NBA Legend Norm Nixon was introduced as the program’s official spokesmen.
“This initiative is a natural fit for the Legends, as one of our platforms is addressing healthcare concerns among our Members and the public at large,” said Len Elmore, NBRPA President. “We look forward to working with the Black Barbershop Program in heightening the awareness of cardiovascular diseases among African-American men. We are confident that the collaboration between our groups will offer an innovative means to disseminate this vital message, as our Members will take part in barbershop visits throughout the country encouraging health screenings.”
During these Black Barbershop stops, volunteers, joined by Legends, will utilize the existing community-based infrastructure of black-owned barbershops to conduct free cardiovascular screenings to African-American men, as well as provide culturally appropriate educational materials about exercise and fitness, obesity, prostate cancer and HIV. Customers with abnormal findings are referred to physicians or healthcare facilities.
The California Legislative Black Caucus has designated the month of May as Black Barbershop Month in California. Upcoming stops include barbershops in Chicago, Philadelphia, Washington, D.C., Atlanta, Baltimore and New York.
“Black-owned barbershops represent a cultural institution that regularly attracts large numbers of black men and provides an environment of trust and an avenue to disseminate health education information,” said Dr. Bill Releford, founder of the Diabetic Amputation Prevention Foundation (DAP), which launched the Barbershop Program. “There is a growing concern of undetected cardiovascular disease in African-American men, and we look forward to working with the Legends of Basketball to help increase public awareness of these diseases and their complications by early detection, information dissemination, and referral to the appropriate medical resource.”
For more information, visit www.legendsofbasketball.com and www.blackbarbershop.org.
ABOUT THE NBRPA/LEGENDS OF BASKETBALL:
The National Basketball Retired Players Association (NBRPA) is a non-profit organization comprised of former professional basketball players committed to developing and utilizing their community stature to support and participate in socially responsible global initiatives that focus on, but are not limited to, education, health and children’s causes. Beyond providing scholarship and financial aid to members in need, the NBRPA serves its membership through a variety of post-retirement objectives, including advocacy on pension issues, support in career transition and participation in community service. Founded in 1992 by Legends Dave DeBusschere, Dave Bing, Archie Clark, Dave Cowens and Oscar Robertson, the Association works in direct partnership with the NBA and the National Basketball Players Association.
Long Island Arts Alliance Presents First Scholar-Artists Awards
April 23, 2008
(Long Island, N.Y.) The first Long Island Arts Alliance (LIAA) Scholar-Artists Awards were presented Sunday April 6th, 2008 to 20 outstanding high school age artists from Nassau and Suffolk counties. The event took place at Tilles Center for the Performing Arts of Long Island University, and it was hosted by Laura Savini, Vice President of Marketing and Communications for WLIW/21 TV. Speakers included John R. Bransfield, Jr., President of the Roslyn Savings Foundation and LIAA Chair, Paul Fleishman, Vice President of Public Affairs for Newsday, Roger B. Tilles, New York State Regent, founder of the Arts Alliance, and Chair of its Advisory Board, and Dale Lewis, Executive Director of Usdan Center For the Creative and Performing Arts. The event presented high school seniors accomplished in Visual Arts, Music, Theater, Dance and Media Arts, a select group of “the best of the best” chosen by panels of Long Island arts educators. They were named LIAA Scholar-Artists from a pool of more than 100 candidates nominated by Long Island’s public school districts, and by private and parochial schools. The Scholar-Artist Selection Committee chose one monthly award-winner from each county. Since September 2007, the winning students have been individually profiled in monthly Scholar-Artist features in Newsday, and in expanded coverage on Newsday.com.
The Long Island Scholar–Artist Awards are presented by Roslyn Savings Foundation in cooperation with Newsday. The program is endorsed by the New York State School Music Association, the New York State Art Teachers Association, the Nassau and Suffolk chapters of the New York State Council of Administrators of Music Education, and the Nassau and Suffolk Art Supervisors Associations
The 2008 Long Island Arts Alliance Scholar-Artists and their school districts are:
- Matthew Ahl, West Babylon
- Heather Burian, Syosset
- Cady Chaplin Hewlett-Woodmere
- Bi Choi, Plainview-Old Bethpage JFK
- Samantha Degen, Seaford
- Brie-Anna Desiderio West Islip
- Sam Dix, Hewlett-Woodmere
- William Doyle, Syosset
- Adrienne Drenckhahn Lindenhurst
- Gabrielle Flores, Lindenhurst
- Katherine Hughes, Port Washington
- Jae Lee, Hicksville
- Andrew Leiman West Islip
- Gregory Modelewski, Harborfields
- Jung Woo Nahm, Half Hollow Hills West
- Melissa Rapelje Glen Cove
- Alana Rosen, Lynbrook
- Marissa Schildt Longwood
- Maurice Tompkins, Islip
- Ilana Ventura, Half Hollow Hills East
In addition to the top honors, a second group of outstanding students won Awards of Excellence at the Scholar-Artist event. This group was composed of the following students:
- Hana Abrams
- Vanessa Acero
- Aleksander Arcabascio
- Andrew Barsky
- Matthew Bellina
- Anne Brady
- Alyssa Brown
- Tiffany Cheng
- Alexandra Christodoulou
- Shannon Connors
- Mairead Daniels
- Stephanie DeLucia
- Stefan Dezil
- Gabriela Espinal
- Sarah Faitell
- Maris Finn
- Max Garett
- Tala Ginsberg
- Gabriela Gonzalez
- Nina Gramaglia
- Christine Jaeger
- Meggan Kent
- Sharon Kitzis
- Tyler Lee
- Katelyn Liesner
- Ryan Louie
- Brittany Melton
- Courtney Miller
- Steven Miller
- Adam Nadler
- Stephanie Park
- Amy Persaud
- Tara Pesce
- Jacqueline Petriello
- Michelle Polifrone
- Priya Saxena
- Jamie Sklar
- Monica Vitti
- Gabriella Wilkens
- Eunice Yeung
The Long Island Arts Alliance began in 2002, when the Long Island Association asked prominent community leaders to participate in an examination of the region’s assets, growth opportunities, and challenges. Roger Tilles assembled the heads of Long Island’s not-for-profit arts institutions to report to the Association’s Goals Conference as Chair of its Arts and Culture Committee. Anticipating projects beyond the scope of this committee’s charge, Mr. Tilles suggested the creation of an Island-wide Arts Alliance. LIAA was born, and it now boasts a membership of 60 arts organizations, including Long Island’s universities. Among LIAA’s first initiatives was an economic study to document the impact of the arts on our economy. Announced in 2004, the study revealed the not-for-profit arts community’s significant impact on the Long Island community. LIAA sponsors events to provide Long Island’s arts leadership with opportunities for professional education, collaboration, and communication. The Scholar–Artist Spotlight program is LIAA’s latest initiative, designed to provide Long Island’s talented student artists with recognition for their individual and collective accomplishments.
The Long Island Arts Alliance Board is composed of: John R. Bransfield, Jr., Chair • Roger Tilles, Advisory Board Chair. Additional Directors are Beth Levinthal, Dale Lewis (head of the Scholar-Artist program), Maggie Martinez Malito, Elliott Sroka, Karen Petry, LIAA Administrator, Timothy P. Knight, Publisher, President & CEO of Newsday • Paul Fleishman, Vice President of Public Affairs, Deidra Parrish Williams, Director of Community Affairs & Media Relations; Marian Conway, Executive Director of Roslyn Savings Foundation.
The LIAA Scholar–Artist Educators Committee is chaired by Dr. John J. Gallagher, Longwood Schools; Gary Bates, Art League of Long Island; Carol Brown, Eastern Suffolk BOCES; Dr. Judith Chen, Plainview-Old Bethpage Schools; Diana Cook, Middle Country Schools; Louisa Eiermann, Suffolk NYSCAME; Ava M. Favara, Nassau BOCES Long Island High School for the Performing Arts; Kelly Good, Nassau BOCES; Marc Greene, Port Washington School; James Incorvaia, Harborfields Schools; Beth Levinthal, Hofstra University Museum; Dr. Kim Lowenborg-Coyne, North Babylon Schools; Donna Manning, Seaford Schools; Sal Somma, Nassau NYSCAME; Susan Weber, Uniondale Schools.
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Photo: 20 honorees from Nassau and Suffolk at the LIAA Awards on Sunday April 6, 2008
Senate Democrats Move to Ban Tier 4 Prescription Drug Pricing Plan
April 23, 2008
(Long Island, N.Y.) State Senate Democratic Leader Malcolm A. Smith (St-Albans) and members of the Senate Democratic Conference today announced they will introduce legislation preventing health insurers from implementing a prescription drug pricing system in New York that has dramatically increased consumer co-payments in other states.
“Health insurance companies are proposing new pricing methods for high-priced prescription drugs, asking patients to shell out hundreds and even thousands of dollars of their earnings for medications they need to survive,” said Smith, the St. Albans Democrat. “This new structure means the obligation of health care and prescription costs will be shifted from health insurers and thrown onto the backs of struggling low-and middle-income families that may need specialty medications in order to survive. The whole point of health insurance is to share the costs of paying to keep people healthy and well.”
In New York State, most Health Maintenance Organizations (HMOs) and Pharmacy Benefit Managers (PBMs) currently operate under a standard three-tier system ($5 generic, $10 or more for preferred-brand, and $25 or more for non-preferred brand) common to most people who use private insurance.
But, increasingly families and individuals in other states struggling with diagnoses of anemia, cancer, multiple sclerosis and hepatitis C, who depend on cutting-edge medications for functioning or daily survival have been hit hard by pricing increases that can amount to 33 percent of the total costs of each prescription. Instead of the standard co-pay, patients are seeing fees dramatically increase to hundreds or even thousands of dollars per prescription.
One New York City woman suffering from multiple sclerosis said that the proposed Tier 4 pricing system would make her medication completely unaffordable by dramatically increasing her $25 monthly co-payment to as high as $735.
Another MS sufferer in Orange County said that if Tier 4 where implemented his $35 monthly co-payments could reach $805.
“Tier 4 drug pricing is a terrible concept,” said Senator Neil D. Breslin (D-Albany), ranking Democrat on the Standing Committee on Insurance. “Insurance is designed to spread risk among a group of people. Singling out our sickest and most vulnerable to pay more money for their health care is unforgivable in any context, let alone in a climate where HMOs are recording excessive profits and a HMO like HIP is allowed to double the compensation of its top ten executives.”
Senator John L. Sampson, the ranking Democrat on the Health Committee said that an extensive review needs to be conducted of “this unfair proposal.”
“We must block the possibility that New Yorkers will be subject to this unnecessary and unfair burden of unaffordable price increases for their medication,” said Senator Sampson (D-Brooklyn). “Not only will the negative effects be felt by the patient, but in these times of hardship, families will be left choosing between essential health care and life’s basic necessities like food and shelter.”
According to the New York State Insurance Department (DOI), premiums and rate changes are reviewed by the Superintendent of Insurance. Health insurance companies are required to submit a formal application which DOI may modify, approve, or reject. DOI has not approved any Tier 4 proposals for New York residents, and no Tier 4 plans are currently in effect here.
Senate Democrats will introduce legislation barring the pricing system in New York State.
Smith and his Senate colleagues joined health advocacy groups in urging New York State Superintendent Eric R. Dinallo to continue to reject all Tier 4 applications that may be submitted before the proposed legislation is signed into law.
”We applaud Senator Smith for taking action on a critical issue that affects thousands of people living with Multiple Sclerosis,” said Pamela J. Wiener on behalf of the New York City Chapter of the Multiple Sclerosis Society. “The medications used to treat MS are among the first to be assigned to specialty tiers. Accordingly, the Senator’s legislation will protect many people living with MS who would otherwise pay $630 co-pay each month for a medication to treat the disease. At these costs, many people would be forced to forgo taking these essential medications that are used to slow down the progress of the disease and reduce future disability.”
Some health insurers have argued that the new pricing structure is necessary to reduce employer medical insurance premiums. But Senate Democrats maintain that the proposed implementation of the Tier 4 pricing would unfairly shift the burden to consumers.
Senator Efrain Gonzalez, Jr. (who has a medically-disabled son who requires special medications already on the Tier 4 list in other states) said that “If this Tier Four structure is permitted in New York State, all families will be living on the brink of a medical state of emergency.”
”If they are confronted with new sky-high co-payments under Tier 4, working families in my district will clearly be at risk of losing their health, homes, quality of life and their dignity,” said Sen. Gonzalez, Jr., a Bronx Democrat. “We need immediate action to prevent these proposals and protect our most vulnerable families and individuals.”
Smith added: “Hard-working families and individuals living with medical conditions are depending on us to help provide affordable health insurance and prescription drugs. We will do all we can to make sure that health care remains accessible and affordable.”
Photo: BANNING TIER 4- Senate Democratic Leader Malcolm A. Smith (D-St.Albans) along with Senate colleagues and health care advocates stood on the steps of New York City Hall announcing legislation to prevent health insurers from implementing the controversial Tier 4 prescription drug pricing system in New York. The pricing-plan dramatically increased co-payments in other states. (L-R) Democratic Senator’s Liz Krueger (D-Manhattan), John Sabini (D-Queens), Efrain Gonzalez, Jr. (D-Bronx), John Sampson (D-Brooklyn), Malcolm A. Smith (D-St. Albans), Bill Perkins (D-Manhattan), Ruben Diaz (D-Bronx).
Senate Democratic Leader Malcolm A. Smith Reflects on Earth Day Inspiration
April 22, 2008
(Albany, N.Y.) Senate Democratic Leader Malcolm A. Smith (D - St. Albans) released the following statement:
“As we mark the 38th celebration of Earth Day, the importance of protecting our planet becomes more critical with each passing year. Our goal in the Democratic Conference is to provide strong and sensible leadership in conservation, energy efficiency, and green initiatives.
Since its inception, Earth Day marks the anniversary of the birth of the modern environmental movement. In 1970, Americans were primarily using leaded gas through massive V-8 engines in their sedans. Industries spewed smoke and sludge with little fear of legal consequences or retribution in the media. Some even went as far as to equate air pollution as the smell of prosperity. But the creation of Earth Day turned all that around.
This year Senate Democrats have a strong set of proposals to help keep New York’s environment pristine. These proposals include reducing sulfur emissions in our home heating oil and school buses; redeveloping our brownfields to attract businesses and create jobs; safeguarding our working farms; forests and orchards against sprawl; and protecting our wetlands. And we continue to encourage energy efficient building practices, accelerating the move to green energy sources, and supporting the development of green jobs and green industries.
The global transition to clean, green energy will mean reduced levels of CO² emissions in the atmosphere, a smaller amount of climate chaos as well as less pollution of our air, water, and land. It means greater energy security for communities and nations, fewer conflicts over energy resources and sustainable economies with stable fuel prices.
As Earth Day was inspired by US Senator Gaylord Nelson (D – Wisconsin), I want to impress upon all New Yorkers to individually, leave the smallest footprint you can. When you save water, you’re saving the rivers and oceans. When you turn down the heat in winter, you’re turning down the heat on the planet. When you take the clean-fuel bus, you’re doing your part to let all children breathe easier. When you recycle, you save precious natural resources and keep pollutants out of the ground.
In order to save the Earth, we all must share in the responsibility.”
Photo: Senate Democratic Leader Malcolm A. Smith




