Senator Krueger's Community Bulletin - July 2018
Senator Krueger's Community Bulletin - July 2018
Senator Krueger's Community Bulletin - July 2018
I fear we are living through yet another of those dark periods, and that is why before turning to my
Albany report, I have to express my outrage at the inhumane Trump administration family separation
policy. While the administration has now backtracked, the damaging consequences of the original
policy remain, as thousands of children have still not been reunited with their parents and there is no
clear plan to do so. I recently joined my Senate colleagues in writing to President Trump protesting
this policy. Our letter is available here: https://www.nysenate.gov/newsroom/press-releases/liz-
krueger/new-york-state-legislators-demand-trump-administration-end.
This was a particularly sleepy end to the legislative session in Albany. The State Senate leadership
once again refused to address big picture issues such as the Reproductive Health Act, voting
reforms, protecting immigrants, universal healthcare, environmental protections, and legislation to
protect and expand affordable housing. I wish I could say I was surprised by this outcome, but
unfortunately I’ve seen the same thing happen for too many years.
I want to focus this report on three outcomes – both good and bad – from the final days in Albany.
The first, the failure to pass an expansion and extension of New York City’s speed camera program,
is a particularly egregious example of Albany dysfunction. The second, the failure to pass legislation
to remove the density cap on residential buildings was an important win for local communities. And
finally, one very good bill that did pass – the creation of a Commission on Prosecutorial Misconduct –
was one of the rare examples of a deliberative process working in the Senate that perhaps points the
way to a more functional legislature in the future.
Speed Camera Legislation: The Assembly passed a bill that would have extended and expanded
the existing school zone speed camera program in New York City, but the Senate majority refused to
allow the bill to come up for a vote. This life-saving program will expire on July 25th if the Senate
does not return by then to act. The legislation would have allowed for an expansion of the number of
speed cameras from 140 to 290 and extended the program through 2022.
A study by the NYC Department of Transportation found that s peeding during school hours at
typical fixed camera locations drops more than 63 percent and injuries at these locations dropped
over 14 percent. The fact that New York City needs Albany’s permission to operate these camera is
a problem in and of itself, but it is truly tragic that the lives on New York’s children are being
endangered because of the intransigence of certain members of the Republican majority.
Removing the Density Cap on Residential Buildings: Sometimes the defeat of legislation in
Albany is a good thing, and I was certainly relieved that thanks to the efforts of community advocates
neither house moved legislation to remove the density cap on residential buildings in New York City.
State law currently limits the Floor Area Ratio of residential developments to 12 – meaning that the
total density of buildings cannot exceed 12 times the base lot size (it’s actually a lot more complicated
than that but that’s the general concept). The real estate industry had been pushing legislation to
remove this cap but a strong coalition of community groups and urban planning organizations
successfully fought the proposal.
Some argue that removing the cap would enable the creation of more affordable housing, but based
on my experience it is much more likely that it would encourage luxury development far beyond the
means of most New Yorkers. Furthermore, it would exacerbate overdevelopment and overcrowding
in neighborhoods that are already struggling with out of context development and a lack of open
space. I am extremely pleased that this legislation died, and will continue to work to defeat it in the
future.
Commission on Prosecutorial Misconduct: While I spend a lot of time in Albany frustrated by the
process, there are occasional rays of light, and one of them was passage of legislation that would
establish a Commission on Prosecutorial Misconduct, modeled on the existing Commission on
Judicial Misconduct that has been in existence since the 1970s. While the legislature failed to act on
many important criminal justice reform measures this term, this legislation can be counted as an
important reform.
The Commission would be charged with investigating complaints of unethical or illegal practices by
prosecutors. Prosecutors have incredible power in our judicial system, and it is necessary that there
be some entity that people can turn to in cases where this power is abused. Thanks to the work of
criminal justice advocates, more and more wrongful convictions are being identified, and in many of
these cases there is evidence that the prosecutor in the case withheld exculpatory evidence from the
defense. Wrongful conviction is a doubly tragic outcome, in that it puts an innocent person behind
bars, and lets a criminal get away scot free. I am hopeful that this legislation will help make our
justice system more just.
And while this bill was one of the most important things we passed in the final days of session, I also
want to highlight the process, because the Senate debate over this legislation was perhaps the most
2
substantive debate I have seen in all my years in Albany. The bill had bipartisan support – and
bipartisan opposition. Colleagues on my side of the aisle spoke about their concerns that the
commission would intimidate prosecutors and prevent them from doing their jobs. Other Democratic
colleagues spoke passionately about their own constituents who had been exonerated in cases
involving potential prosecutorial misconduct, and how nothing could bring back the years they lost in
prison. And some of my colleagues who would proudly identify as “law-and-order Republicans”,
including the lead sponsor of the bill, spoke about the evidence that oversight was needed because of
cases where there seemed to be undeniable evidence of prosecutorial misconduct with no
consequences for those who had committed the misconduct. Most of the time when we pass bills
debate is pro-forma and not a lot of Senators are paying close attention – but this time they were.
That is something positive I can take from an otherwise uninspiring and unproductive legislative
session.
POLICY SPOTLIGHT
The recent retirement of US Supreme Court Justice Anthony Kennedy has focused attention on a
significant threat to abortion rights, as it dramatically increases the chances that the Court will
overturn Roe v. Wade in the near future. But the Trump administration’s attack on abortion rights is
already in full swing, and last month I joined fellow Senate and Assembly members of the New York
State Bipartisan Pro-Choice Legislative Caucus (BPCLC) in opposing the Trump administration’s Title
X proposed rule, which would prohibit Title X healthcare facilities from performing abortions and
providing referrals for abortion care.
Title X is a federal grant program that was instituted in 1970 during Richard Nixon’s presidency, and
is the only source of federal funding designated solely for family planning and preventive healthcare
for low-income and inadequately insured individuals.
Nationwide, over four million women, men, and teens rely on Title X for their family planning and
healthcare needs. Last year in New York State, the Title X program provided funding to 187
healthcare service sites, which served over 300,000 individuals. Title X facilities provide needed
healthcare services such as screening for diabetes, anemia, and high blood pressure; wellness
exams; pelvic exams; STD screening; health education; screening for cervical and breast cancer;
contraception and contraceptive counseling; HIV screening; pregnancy testing; and fertility services.
By doing so, the Title X program plays a critical role in preventing unintended pregnancies, including
teen pregnancies, saving lives and strengthening public health through early detection of cancer and
preventive healthcare, reducing transmission of sexually transmitted diseases, and saving taxpayer
money. According to the U.S. Department of Health & Human Services, every dollar invested in the
Title X program saves $7.09 in government spending on Medicaid-related expenses.
Many Title X reproductive healthcare facilities also provide access to safe, legal abortion to women
who do not have health insurance or who cannot afford the medical procedure. In compliance with
federal law, Title X facilities do not use federal funding to cover the cost of providing abortion care,
yet, the Trump administration claims that the Title X proposed rule is necessary to ensure
compliance. It is clear that what the administration seeks is to defund Title X facilities that provide
3
abortion, Planned Parenthood in particular, as well as to further promote ineffective abstinence-only
health education and family planning to the detriment of evidence-based, medically-approved
methods.
The Trump administration’s proposed rule is alarming on several fronts. From an ethical perspective,
it would force Title X providers to break their professional code of ethics and it would violate patient
rights. Physicians are obligated, legally and ethically, to provide comprehensive, unbiased medical
care. Patients have the right to be fully informed of their medical options, including abortion; obtain
the care they require; and receive a referral if needed. Systemically, this proposed rule would create a
“domestic gag rule,” negatively impact doctor-patient relationships, increase the potential for medical
neglect, and subsequently threaten the integrity of our healthcare system.
From a reproductive healthcare perspective, this proposed rule would prevent hundreds of thousands
of New Yorkers from accessing quality family planning and preventive health care services that are
patient-focused, medically accurate, and evidence-based.
Finally, this proposed rule would have severe implications for women’s health. In cases where
pregnancy threatens a woman’s health or life, and abortion is not accessible, she faces the possibility
of future infertility, severe health complications, or death. The United States has a significantly higher
rate of maternal morbidity and death than in comparable countries, which would likely increase if this
proposed rule is implemented. The unintended pregnancy rate, including teen pregnancy, on the
other hand, is at an all-time low, but would likely increase if access to contraception made more
difficult.
Due to the concerning implications of the Trump administration’s Title X proposed rule, legislators,
advocates, and community members in New York and nationwide are fighting to have it retracted.
The proposed rule was published in the Federal Register on June 1st under the title, “Compliance
with Statutory Program Integrity Requirements.”
The deadline to submit a public comment is July 31st. Public comments are to be submitted in writing
by letter or online at: https://www.regulations.gov/comment?D=HHS-OS-2018-0008-0001. Please
contact my office if you have any questions about the proposed rule or submitting a comment.
COMMUNITY SPOTLIGHT
5
This program will be offered weekdays from Wednesday, June 27, to Friday, August 31(except July
4th and August 21st). Although the hours may vary by location, breakfast is typically served from 8:00
a.m. to 9:15 a.m., and lunch from 11:00 a.m. to 1:15 p.m. All DOE summer feeding sites will have
posters outside indicating the hours specific to that building.
In my Senate district, breakfast and lunch will be available seven days a week at the John Jay Pool at
77th Street and Cherokee Place (East of York Avenue). Breakfast will be served from 9 a.m.to10
a.m. and lunch from noon to 1pm.
1. Get the Shingrix vaccination from a local pharmacy that accepts your Medicare Part D plan.
Although most Part D plans cover Shingrix, you will likely have to pay a portion of the cost out-of-
pocket. Therefore, you will benefit from contacting several pharmacies to compare what they will
charge you. Typically, you will pay less at in-network pharmacies. You also have the option to switch
your Part D plan with another that provides increased coverage of the cost.
2. Get the Shingrix vaccination from your primary care physician. However, it is important to ask
in advance whether your doctor's office can bill your Part D plan directly using an electronic billing
system, or coordinate with a pharmacy to bill your Part D plan for the vaccine and injection. If your
doctor's office cannot participate in either of these billing arrangements, you will need to pay the
entire medical bill and then request reimbursement from your Part D plan. Keep in mind that your
medical bill may be higher than your Part D plan approved amount for the Shingrix vaccination, in
which case you will only be reimbursed the approved amount.
3. If you have Extra Help, also known as the Low-Income Subsidy Program (LIS), you are able to
get the vaccination from an in-network pharmacy or an approved Medicare medical provider. You
should only be responsible for the Extra Help co-pay, however, if the medical provider cannot bill your
Part D plan, you will likely be required to pay the entire medical bill and then request reimbursement.
If you are not yet on Medicare and have private insurance, check with your insurance carrier as many
plans cover Shingrix for individuals over 50.
6
Columbia, and meet the specified income and resource requirements, you may be eligible to enroll.
Call 1-800-772-1213 for more information and to apply for Extra Help.
If you think you may be eligible call the CASE CLOSED Toll Free Hotline 888-663-6880
Open Tues/Wed/Thurs 9:30am - 12:30pm, or email CaseClosed@legal-aid.org
Saturday, July 28, 11:00 a.m. – 3:00 p.m., Biscuits and Bath – Dogs only
1064 First Avenue b/t at 58th Street
7
annual household income of $50,000 or less you may be eligible for the Rent Freeze Program. Find
out if you are eligible and get assistance applying or recertifying for SCRIE.
● Tenants Rights Advice Clinic: Walk-in clinic, now at 2 locations.
- July 5 and September 6 from 10am to 1pm at 331 East 70th Street. First come-first Served, arrive
by Noon.
- July 18 and August 15 from 2:00 to 5:00 p.m. at the East Harlem Health Action Center, 158 East
115th Street. First come, first served, arrive by 4 p.m.
Please bring all relevant housing-related documents with you.
● End-of-Life Planning/Advance Directives: volunteer attorneys may be able to assist you with one-
on-one counseling and individualized drafting of Advance Directives including Health Care Proxies,
Living Wills, Powers of Attorney, and simple, low-asset Wills. If you are interested in being screened
for a possible appointment, call the intake hotline at 212-218-0503 ext 4.
● Health Care Access/Medicare/Medicaid: call 212-218-0503 ext 3. Find out about Medicare Savings
Programs, Medicaid home care, Medicare Part D, Medicaid Spend-down, EPIC and if you are eligible
for Medicaid.
● Health Insurance Enrollment: call 212-218-0432. Assistance with finding and enrolling in an
affordable health insurance plan.
July 18th – 10:00 am to 2:00 pm, JASA’s Senior Resource & Advocacy Fair
UJA-Federation of New York, 130 E. 59th Street
8
July 24, 11:00 am - 12:30 pm., 86 Street & Lexington Avenue – Bus
July 24, 1:30 - 2:30 pm, 68 Street & Lexington Avenue – Bus
August 1, 11 am - 1 pm, 79 Street & York Avenue – Bus
August 1, 1:30 - 2:30 pm, 72 Street & York Avenue – Bus
August 1, 9 - 10:30 am, 92 Street & Lexington Avenue – Bus
August 2, 7 – 9 am, 91 Street and York Avenue - Van
August 2, 8:30 - 10:30 am, 47 Street & 2 Avenue – Van
August 2, 1:30 - 3:30 pm, 28 Street & 2 Avenue – Van
August 3, 9 - 10 am, 57 Street and 1 Avenue – Van
August 3, 10:30 - 11:30 am, 57 Street and 3 Avenue – Van
August 3, 12:30 - 2:30 pm, 68 Street and 1 Avenue – Van
District Office: 211 East 43rd Street, Suite 1201 | New York, NY 10017 | (212) 490-9535 | Fax: (212) 499-2558
Albany Office: Legislative Office Building, Room 808 | Albany, NY 12247 | (518) 455-2297 | Fax: (518) 426-6874
Email: liz@lizkrueger.com | On the Web: http://www.nysenate.gov/senators/liz-krueger