On August 11, 2023, Justice Lyle E. Frank of State Supreme Court issued an order that “permanently enjoined the City from requiring City retirees, and their dependents from being removed from their current plans (s) and from being required to either enroll in an Aetna Medicare Advantage Plan or seek their own health coverage”.
This means that the City may not implement the Aetna Medicare Advantage Plan. As in past litigation, it is expected that the City will appeal this decision. In the interim, there are no changes to your existing health plans/coverage.
Supreme Court of the State of New York. New York County.
Honorable Lyle E. Frank. Decision and Motion Order.
On June 5, 2023, the Court issued a preliminary injunction in this matter. The Court has been informed by the parties that they do not wish for the Court to hold any additional argument, nor will there be further submissions. As such, this matter is ripe for a final determination. The Court therefore grants the petition for the reasons indicated in the July 6, 2023, namely that both the doctrine of collateral estoppel and the provisions of New York City Administrative Code Section 12-126 bars the actions sought to be taken by respondents. The Court does not reach the last point of relief in the petition, namely that the respondents should be enjoined from disseminating alleged false and misleading statements of the Aetna Medicare Advantage Plan. Based on the foregoing, it is hereby
ORDERED that the Respondents are permanently enjoined from requiring any City retirees, and their dependents from being removed from their current health insurance plan(s), and from being required to either enroll in an Aetna Medicare Advantage Plan or seek their own health coverage.