A.G. Schneiderman Announces $465 Million Joint State-Federal Settlement With Mylan, Maker Of Epipens

New York Leads Coalition Of States In Settlement Of Allegations That Mylan Knowingly Underpaid Medicaid, Costing Taxpayers Millions

Settlement Will Return $38.5 Million To New York

Schneiderman: Efforts To Shortchange Medicaid Will Not Be Tolerated

  Attorney General Eric T. Schneiderman today announced that New York has agreed in principle to join a state-federal $465 million settlement with Mylan Inc. and its wholly owned subsidiary, Mylan Specialty L.P.—collectively known as “Mylan.” New York led a coalition of states in the investigation that resolved allegations that Mylan knowingly underpaid rebates owed to Medicaid for the drugs EpiPen® and EpiPen Jr.® (“EpiPen”) that were dispensed to Medicaid beneficiaries. Under the settlement, New York will receive $38.5 million.

“For nearly seven years, Mylan prioritized its bottom line – and shortchanged the Medicaid program and taxpayers. By misclassifying EpiPen, Mylan attempted to sidestep their obligations, leaving taxpayers to foot the bill,” said Attorney General Schneiderman. “Pharmaceutical companies should be warned: efforts to shortchange Medicaid will not be tolerated, and we’ll ensure that these companies are held accountable.”

Following a joint federal and state investigation, the settlement resolves allegations that Mylan submitted false statements to the Centers for Medicare and Medicaid Services (CMS) and several states reliant on EpiPen rebates, and knowingly underpaid its obligations for Medicaid drug rebates to the State Medicaid Program for EpiPen.

Under the Medicaid Drug Rebate Statute, participating pharmaceutical manufacturers or New Drug Code (NDC) holders, such as Mylan, must sign a Rebate Agreement with the Secretary of the United States Department of Health and Human Services as a precondition for obtaining Medicaid coverage for their drugs and pay quarterly rebates to state Medicaid programs for drugs dispensed to Medicaid beneficiaries. Additionally, NDC holders are required to advise CMS regarding the classification of a covered drug as an “innovator” or “noninnovator” drug, as the amount of rebates owed varies depending on the drug’s classification. The amount of the rebate also depends on pricing information provided by the manufacturer. For drugs classified as “innovator” drugs, NDC holders must report their “Best Price,” or the lowest price for which it sold a covered drug in a particular quarter. 

The settlement resolves allegations that, between July 29, 2010 and March 31, 2017, Mylan allegedly submitted false statements to CMS that incorrectly classified EpiPen as a “noninnovator multiple source” drug, as opposed to a “single source” or “innovator multiple source” drug, and failed to report a Best Price to CMS for EpiPen, which is required for all “single source” and “innovator multiple source” drugs. As a result, Mylan submitted false statements to CMS and several states reliant on EpiPen rebates, and knowingly underpaid its obligation for Medicaid drug rebates to the State Medicaid Program for EpiPen.

Today’s settlement also resolves allegations that Mylan Specialty overcharged certain entities (known as the “340B Covered Entities”) that participated in the 340B Drug Pricing Program, 42 U.S.C. § 256b.

The investigation stemmed from two whistleblower, or “qui tam,” actions pending in the United States District Court for the District of Massachusetts, which allege claims under the federal False Claims Act and various state false claims statutes that Mylan underpaid its rebate obligations to states. 

New York’s claims in the case were handled by the Attorney General’s Medicaid Fraud Control Unit (MFCU), which worked closely with the United States Attorney’s Office for the District of Massachusetts, the United States Department of Justice, and a multi-state team that included representatives from the Offices of the Attorneys General for California, North Carolina, South Carolina, Washington, and the Commonwealths of Massachusetts and Virginia. New York was also assisted by representatives of the New York State Department of Health’s Office of Health Insurance Programs, headed by Deputy Commissioner Jason A. Helgerson.

New York MFCU’s Chief of the Civil Enforcement Division Carolyn T. Ellis led the multi-state team that negotiated the settlement with Mylan for the states. Senior Auditor-Investigator Matthew Tandle was a member of the state team, assisted by Auditor Investigator Emily Brissette, under the supervision of Stacey Millis, Regional Chief Auditor of the Civil Enforcement Division. 

A.G. Schneiderman Announces Indictment Of State Detention Center's Private Medical Provider Staff For Alleged Theft From State

Staff At Brooklyn Juvenile Detention Center Each Allegedly Stole Over $50,000 By Falsifying Timesheets

  ttorney General Eric T. Schneiderman and New York State Inspector General Catherine Leahy Scott and announced today the indictments and arrest of two staff members of a State juvenile detention center’s private medical services provider for allegedly stealing and assisting in the theft of more than $50,000 each.

Roy Hammonds, 64, of Nyack, and Patricia Armstrong, 67, of Brooklyn, were indicted by a Brooklyn Grand Jury and subsequently arrested and arraigned today for Grand Larceny in the Second Degree, a felony. Armstrong was additionally indicted on eight counts of Falsifying Business Records in the First Degree, also a felony.

Hammonds, a physician’s assistant, and Armstrong, a nursing supervisor, were accused of taking more than $50,000 each. Both are employees of Correctional Medical Care (“CMC”), a company that provides medical staff to New York State correctional facilities, including the Ella McQueen Reception Center in Brooklyn. The Ella McQueen Center is a juvenile detention center reception facility run by the New York State Office of Children and Family Services (“OCFS”). An investigation by Inspector General Leahy Scott found that between January 2011 and December 2015, Armstrong completed her own and Hammonds’ time records and submitted them to CMC’s headquarters for payment. The indictment against Armstrong alleges that she submitted employee timesheets containing false information to CMC. Under contract with the State, CMC directly pays its employees and is reimbursed by the State subsequent to the submission of invoices.

“As we allege, the defendants not only defrauded the state, they stole medical resources that are meant to serve vulnerable youth facing urgent medical needs” said Attorney General Schneiderman. “We’ll continue to work with our partners to uncover and eliminate these types of fraudulent schemes.”

“Instead of treating vulnerable youth, these defendants were treating themselves to a no-show job,” said Catherine Leahy Scott, New York State Inspector General. “These two long-term colleagues took advantage of their supervisory roles in a State facility and violated the public trust. I will continue using all the resources of my office and working with my law enforcement partners to pursue anyone who defrauds taxpayers and steals public funds.”

Hammonds and Armstrong were arraigned before Supreme Court Justice Danny Chun in New York State Supreme Court in Brooklyn. Both defendants were released on their own recognizance. Hammonds is due back in court October 18. Armstrong is due back in court on October 25.

The charges against the defendants are merely accusations and they are presumed innocent until and unless proven guilty in a court of law. If convicted, the defendants face up to fifteen years in prison. 

The Attorney General thanked the Office of the New York State Inspector General for valuable assistance in this investigation. 

The investigation was conducted by Investigator Steven Broomer, Supervising Investgator Michael Leahy, and Deputy Chief John McManus of the OAG Investigations Bureau.  The Investigations Bureau is led by Chief Dominick Zarrella.

Assemblyman Luis Sepulveda on terror attack in Barcelona

Assemblyman Luis Sepulveda issued the following statement on the Barcelona terrorist attack today.

  "...these fanatics ultimately cannot and will not win."

My heart and my prayers go out to the victims and to the families of those killed and injured in Barcelona today.

This apparently was yet another terrorist attack, this time in which the driver of a van plowed into a crowd along a pedestrianized stretch in the heart of a popular tourist section, killing at least 12 people and injuring 80 others.

Today's and recent attacks, many involving vehicles plowing into crowds, in England, France, Germany and other nations are acts of desperation by movements finding themselves growing weaker, not stronger.

We have only to look at history to see that these fanatics ultimately cannot and will not win.

                                                                  

Assemblyman Sepulveda represents the 87^thAssembly District covering Parkchester, Castle Hill, West Farms, Van Nest and Stratton Park.

Wave Hill Events Sep 1–Sep 15

Labor Day is one of those rare Mondays when the gardens are open―and looking brilliant in their late-summer finery, I might add.

The first two weeks of the month will be richly artistic ones. We’re planning a one-day show of ikebana that will include a demo and a sale on ikebana titles in our Shop. The very next day, our fall exhibition opens in Glyndor Gallery. It’s a celebration of ten years’ worth of naturally inspired installations by emerging artists in our Sunroom Project Space. Very much not a typical white-box gallery experience, the Sunroom has inspired 60 so far. 50 of them are creating new installations in Glyndor for this anniversary show! One of the 50 will be leading the Family Art Project on September 9, 10.

And here are credits for the two works from the Call & Response show openingSeptember 10.

·        Viviane Rombaldi Seppey, Open Sky (detail), 2017, dried leaves, audio recording, 15 x 1 1/2 inches. Courtesy of the artist.

·        Jeff Slomba, Pyre (detail of work in progress), 2017, vellum, charcoal made from holly, poke weed, black chokeberry, crepe myrtle, brush structure, 72 x 48 x 24 inches. Courtesy of the artist.

Sat, September 2    Family Art Project: Painting Outdoors with Eliza, Susie and Harriet

Follow the adventurous, passionate spirit of trail-blazing Hudson River School painters Elizabeth Gilbert Jerome, Susie M. Barstow and Harriet Cany Peale. Hear stories about their intrepid pursuit of painting nature. Then relish the last days of summer in our annual outdoor painting project, using watercolor paint and pencils to translate what you see into shapes, tones and marks of light. Free, and admission to the grounds is free until noon. 

WAVE HILL HOUSE, 10AM‒1PM

Sat, September 2    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

Sat, September 2    Family Garden Walk

Visit favorite, family-friendly locations in the gardens on a walk with a Wave Hill Garden Guide. Children ages six and older welcome with an adult. Free, and admission to the grounds is free until noon.

MEET AT WAVE HILL HOUSE, NOON

Sun, September 3    Family Art Project: Painting Outdoors with Eliza, Susie and Harriet

Follow the adventurous, passionate spirit of trail-blazing Hudson River School painters Elizabeth Gilbert Jerome, Susie M. Barstow and Harriet Cany Peale. Hear stories about their intrepid pursuit of painting nature. Then relish the last days of summer in our annual outdoor painting project, using watercolor paint and pencils to translate what you see into shapes, tones and marks of light. Free with admission to the grounds.

WAVE HILL HOUSE, 10AM‒1PM

Sun, September 3    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.

MEET AT PERKINS VISITOR CENTER, 2PM

Mon, September 4    Labor Day

Wave Hill is open this holiday Monday.   

Mon, September 4    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights on this holiday Monday. Free with admission to the grounds.

MEET AT PERKINS VISITOR CENTER, 2PM

Tue, September 5    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

Sat, September 9    Ikebana on View

Join us in celebrating the 90th anniversary of the Sogetsu School of Ikebanaat Wave Hill. Ikebana is the Japanese tradition of flower arranging, and Sogetsu, founded in 1927, is an avant-garde style, with study groups all over the world. A famous saying by founder Sofu Teshigahara—and the credo of the Sogetsu school—is that Sogetsu can be done by anyone, anywhere, anytime with any kind of material. View beautiful works of art in an exhibition featuring arrangements, courtesy of the New York Branch of the Sogetsu School of Ikebana. Attend a live demonstration by Sogetsu instructors, and stop by The Shop at Wave Hill for a special promotion on ikebana-related titles. Registration not required. Free, and admission to the grounds is free until noon.

WAVE HILL HOUSE, 10AM–3PM

Sat, September 9    Family Art Project: Borderless Plants and Kavad Boxes

Welcome back artist Tammy Nguyen, exhibiting in Call & Response, the fall exhibition in Glyndor Gallery. She will share her storytelling and book making techniques. Hear her stories about plants as global citizens from her own Kavad Box, a brightly colored folding box used in traditional Indian culture to house stories. Collage and paint your plant story onto a neatly folding box that travels. Free, and admission to the grounds is free until noon. 

WAVE HILL HOUSE, 10AM‒1PM

Sat, September 9    In The Shop: 20% off all Ikebana Books

In honor of the 90th anniversary of the Sogetsu School of Ikebana, The Shop is offering 20% on all its ikebana titles.

PERKINS VISITOR CENTER, 10AM–4PM

Sat, September 9    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

Sat, September 9    Ikebana Demonstration

Attend a live demonstration by Sogetsu instructors, as part of our celebration of the 90th anniversary of the Sogetsu School of Ikebana at Wave Hill. Ikebana is the Japanese tradition of flower arranging, and Sogetsu, founded in 1927, is an avant garde style, with study groups all over the world. A famous saying by founder Sofu Teshigahara—and the credo of the Sogetsu school—is that Sogetsu can be done by anyone, anywhere, anytime with any kind of material. Stop by The Shop at Wave Hill for a special promotion on Ikebana-related titles. Registration not required. Free, and admission to the grounds is free untilnoon.

WAVE HILL HOUSE, 11AM–NOON

Sun, September 10    Fall Birding

Naturalist Gabriel Willow contributes his extensive knowledge of bird species and their behaviors on these captivating walks. Wave Hill’s garden setting overlooking the Hudson River provides the perfect habitat for resident and migrating birds. Birders of all levels welcome. Ages 10 and older welcome with an adult. Severe weather cancels. Free with admission to the grounds. NYC Audubon members enjoy two-for-one admission to the grounds. 

MEET AT PERKINS VISITOR CENTER, 9:30AM

Sun, September 10    Family Art Project: Borderless Plants and Kavad Boxes

Welcome back artist Tammy Nguyen, exhibiting in Call & Response, the fall exhibition in Glyndor Gallery. She will share her storytelling and book making techniques. Hear her stories about plants as global citizens from her own Kavad Box, a brightly colored folding box used in traditional Indian culture to house stories. Collage and paint your plant story onto a neatly folding box that travels. Free with admission to the grounds. 

WAVE HILL HOUSE, 10AM‒1PM

Sun, September 10    Family Nature Walk

Join naturalist and educator Gabriel Willow on a family-friendly walk through the gardens or woodlands. No registration required. Children ages six and older welcome with an adult. Severe weather cancels. Free with admission to the grounds. 

MEET AT WAVE HILL HOUSE, NOON

Sun, September 10    Fall Exhibitions Opening

The entire Glyndor Gallery will be given over to new site-responsive projects honoring the tenth anniversary of Wave Hill’s Sunroom Project Space. Call & Response showcases the work of more than 50 artists who have exhibited in this unique venue, in projects ranging from art objects created from natural materials gathered onsite, to sound pieces, outdoor installations and performance works. Opening in Wave Hill House are Mona Kamal’s paintings on birch bark. Paintings and prints by Beth Ganz are also on view. Free with admission to the grounds.

GLYNDOR GALLERY & WAVE HILL HOUSE, 2–4:30PM

Sun, September 10    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free with admission to the grounds.

MEET AT PERKINS VISITOR CENTER, 2PM

Mon, September 11    

Closed to the public.

Tue, September 12    Garden Highlights Walk

Join a Wave Hill Garden Guide for an hour-long tour of seasonal garden highlights. Free, and admission to the grounds is free until noon.

MEET AT PERKINS VISITOR CENTER, 11AM

Tue, September 12    Gallery Tour

Wave Hill’s Curatorial Fellow leads a tour of the current exhibition in Glyndor Gallery. This fall, the entire gallery will be given over to new site-responsive projects honoring the tenth anniversary of Wave Hill’s Sunroom Project Space.Call & Response showcases the work of more than 50 artists who have exhibited in this unique venue, in projects ranging from art objects created from natural materials gathered onsite, to sound pieces, outdoor installations and performance works. Free with admission to the grounds.

GLYNDOR GALLERY, 2PM

Thu, September 14    Early Closing: Annual Wave Hill Gardeners’ Party

Wave Hill closes at 3PM to dress for this annual benefit, an evening that raises crucial funds that support our renowned gardens and horticulture program. Also, the Kate French Terrace of Wave Hill House will be closed all day.

Fri, September 15    Annual Plant Sale in The Shop at Wave Hill

Don’t miss this once-a-year opportunity to acquire some spectacular new plants for your garden! Staff experts are on over the weekend of September 15–17 to offer personal assistance as you shop from our selection of superior cultivars and top-notch performers for your home garden. Sale continues throughSeptember 24th or while supplies last.

PERKINS VISITOR CENTER, 10AM‒4PM

A 28-acre public garden and cultural center overlooking the Hudson River  and Palisades, Wave Hill’s mission is to celebrate the artistry and legacy of its gardens and landscape, to preserve its magnificent views, and to explore human connections to the natural world through programs in horticulture, education and the arts.

HOURS  Open all year, Tuesday through Sunday and many major holidays: 9AM–5:30PM, starting March 15.  Closes 4:30PM, November 1–March 14.

ADMISSION  $8 adults, $4 students and seniors 65+, $2 children 6–18. Free Saturday and Tuesday mornings until noon. Free to Wave Hill Members and children under 6.

PROGRAM FEES  Programs are free with admission to the grounds unless otherwise noted.

Visitors to Wave Hill can take advantage of Metro-North’s one-day getaway offer. Purchase a discount round-trip rail far and discount admission to the gardens. More at http://mta.info/mnr/html/getaways/outbound_wavehill.htm

DIRECTIONS – Getting here is easy! Located only 30 minutes from midtown Manhattan, Wave Hill’s free shuttle van transports you to and from our front gate and Metro-North’s Riverdale station, as well as the W. 242nd Street stop on the #1 subway line. Limited onsite parking is available for $8 per vehicle. Free offsite parking is available nearby with continuous, complimentary shuttle service to and from the offsite lot and our front gate. Complete directions and shuttle bus schedule at www.wavehill.org/visit/.

Information at 718.549.3200. On the web at www.wavehill.org.

The New York Public Library Secures New, Larger Home for the Van Cortlandt Branch in the Bronx

Purchase of property on Cannon Place will double the size of the beloved branch, which will open at its new location in 2019

  The New York Public Library has finalized its purchase of a 5,800-square-foot building that will now be transformed into the new, larger home of the Van Cortlandt branch in the Bronx.

The new property at 3882 Cannon Place is only three blocks from the existing 2,700-square-foot branch and more than double the size, allowing the Library to better accommodate the growing community with more space for reading, programs, computers, and more. The new location also has an outdoor space.

The Van Cortlandt Library has been at its original one-room location at 3874 Sedgwick Avenue in the Bronx since 1968. Even with limited space, the branch has seen a 49 percent increase in program attendance in recent years – and needs to expand.

City Council Member Andrew Cohen, State Senator Jeff Klein, Assembly Member Jeffrey Dinowitz and Bronx Borough President Ruben Diaz Jr. allocated over $2 million for the project, which is expected to be complete in spring 2019.

The Library will now begin work on transforming the new space into a branch library. To do this, it will launch a “Building for You” community engagement campaign, soliciting feedback from the community on its wants and needs for a new space to help inform design and plans. In the coming months, the Library will conduct a survey in the existing branch and online, and will hold community meetings.

“For decades the Van Cortlandt Library has been a fixture in this vibrant community, serving a diverse neighborhood that has embraced the resources and services our branch offers. With a new, larger facility – Van Cortlandt Library will have even greater opportunities for our patrons, enhancing our collections and adding new programs that will bring more support to the community we call home. We thank Council member Andrew Cohen, State Senator Jeff Klein, Assembly Member Jeffrey Dinowitz and Bronx Borough President Ruben Diaz Jr. for their generous support and look forward to enjoying the Library’s next chapter together,” said Van Cortlandt Library Manager Peter Pamphile.

Bronx Dems Law Committee Hosts: Know Your Rights Series

PATROLMEN’S BENEVOLENT ASSOCIATION ENDORSES ASSEMBLYMAN MARK GJONAJ FOR NEW YORK CITY COUNCIL

  The New York City Patrolmen’s Benevolent Association (PBA) endorsed Assemblyman Mark Gjonaj for New York City Council in the 13th District.

“We need a City Council that is going to have NYPD officers' backs. Assemblyman Mark Gjonaj has worked hard to support police officers and to ensure the public safety in his district. Mark has consistently fought for fair pay and benefits, and appropriate equipment and training for police officers, all factors that help us keep crime at record lows. We’re proud to endorse Mark Gjonaj and we hope New Yorkers will join us in supporting his campaign for City Council,” said PBA President Patrick J. Lynch.

“I am honored and excited to have the endorsement of the PBA,” said Assemblyman Mark Gjonaj.  “Together, we have worked hard to strengthen the community-police relationships in our borough and throughout New York City. The men and women of the NYPD risk their lives to make sure our streets are safe. I was proud to be their partner in Albany and will bring that same commitment to the City Council.”

Assemblyman Mark Gjonaj is running for New York City Council in the 13th district, which includes Allerton, Bedford Park, Morris Park, Mosholu Parkway, Norwood, Pelham Gardens, Pelham Parkway and Van Nest in the Bronx.  He currently serves as the Chair of the Subcommittee on Business, and is a member of several committees: Banks, Local Governments, Real Property Taxation, Small Business, Tourism, Parks, Arts and Sports Development, and the Puerto Rican/Hispanic Task Force.

The NYC Patrolmen’s Benevolent Association is the largest labor union representing police officers of the New York City Police Department.