NYC Retirees: Co-pay Class Action Appellate Victory

UPDATE: On May 25, 2023 the First Department appellate court unanimously affirmed a decision from Manhattan Supreme Court Justice Lyle Frank prohibiting the City and EmblemHealth from charging 183,000 elderly and disabled retirees co-pays for medical services. This was a major appellate victory secured by the NYC Organization of Public Service Retirees on behalf of Medicare-eligible retired City workers and their dependents.

This is the second time in less than two years that Justice Frank ruled in favor of the retirees and the First Department unanimously affirmed. The first time came in 2022, when Justice Frank prohibited the City from "passing along any costs" of retirees' existing health insurance.

On December 1, 2022—along with co-counsel Walden Macht & Haran—we filed a class action lawsuit on behalf of 183,000 senior citizens and disabled first-responders against NYC and EmblemHealth/GHI for illegally charging these retirees a co-pay every time they see a doctor, get a diagnostic test, undergo a procedure, or receive physical therapy. Although many people have to pay co-pays—depending on their insurance plan—these retirees do not. Their insurance contract does not permit it. More than $55 million in unlawful co-pays have been charged to these seniors since January 1, 2022.

Read the complaint attached on the right of this webpage and The New York Post coverage here. Call (646) 290-8433 if you have any questions or if you want a free consultation.