The Battle Over Medicare Advantage is Not Over

United Federation of Teachers retirees this week received an email from Retired Teachers Chapter Chapter Leader Tom Murphy. The email warned retirees that a City Council bill was actually an attack on collective bargaining rights.

The bill in question is Charles Barron’s intro 1099:

There has been a struggle going on for over two years in New York City – the City administration and the municipal unions want to move retirees off of traditional Medicare onto Medicare Advantage, and groups of retirees have been resisting. The Federal Government rewards municipalities (with cash) for making this move, but many do not want an Advantage plan – they cite doctors who won’t take it – and prior authorizations. The courts have stopped the latest iteration from being enacted. We are at a pause.

In this moment the City is preparing to appeal the court decision. The retirees are for their part pushing this City Council legislation, which would prevent the City from using the Medicare Advantage option in the future. The bill looked stalled, but just picked up a few new sponsors; they are up to 17 – but need 26.

In reaction to the letter signed by Tom Murphy, UFT retirees who generally oppose were furious: “Dreadful email from Tom Murphy,” “this is a betrayal,” etc.

Let’s step back for a second.

Not Personal

I don’t think the letter is personal. I doubt that Tom Murphy himself wrote it (he is certainly capable of writing an actual letter, but this has the tone of the anonymous hive that runs the 14th floor at 52 Broadway). This is a political battle between forces that are opposed. An individual’s name below an email does not change that.

Unity has not given up

There is a court decision. Medicare Advantage won’t be imposed September 1. We are done? Nope.

Unity, in sending this email, is reminding its troops that they are still fighting. They will struggle to defeat the Charles Barron bill. They will back the City appeal of Judge Frank’s ruling. They will continue to scheme up new ways to get our retirees into Medicare Advantage.

Unity’s message when Judge Frank’s decision came down was a neutral-tone “there will be no change as of September 1.” Seasoned Unity leaders probably realized that this was a pause, not a surrender. But other Unity members may not have. This message may be for them.

This fight is about Medicare Advantage

Opposition folks can write about “betrayal” and Unity can pretend this is about collective bargaining. In fact, we’ve been in a fight for over two years, and it really has not changed. Unity wants the City to collect the money the Feds will provide for moving retirees to Medicare Advantage. The City has made funding the Stabilization Fund partially dependent on the UFT (as part of the MLC) delivering a Medicare Advantage deal.

Every showdown in this fight has taken some odd form – Administrative Code 12-126, Intro 1099, the copays case, arguing about “rollout,” the City making it confusing to “opt out.” All of these details are important. But fundamentally all of this has actually been about whether or not our retirees were going to be moved into Medicare Advantage.

Unity Might be Concerned About 1099

There are now 17 sponsors, and other City Council Members may be thinking about signing on. Perhaps Unity is worried that its ability to get some Medicare Advantage plan adopted in the future – an MA plan that forces many retirees out of traditional Medicare – is being endangered by the bill.

I don’t know about that. 17 sponsors. 51 council members. Need 9 more. Not so easy. But maybe Unity knows more than me. Or maybe they know less – and not having a good handle on city politics, including the City Council – are getting nervous?

Unity not Confident Retirees Would Lobby Against 1099

I think this is clear. They got massively out mobilized last winter on 12-126. They were not going to embarrass themselves by going head to head with retirees on phone calls to city council. The letter does not include a call to action – that’s not an oversight.

Enough

I have written enough. The letter is unremarkable.

• It’s just about Medicare Advantage, no matter what it claims
• It’s from Unity – even if one guy’s name is at the bottom
• They might be worried about the Baron bill
• They might be reminding their folks that they have not given up